Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires visa holders to maintain enrolment in a registered course and achieve satisfactory course progress and attendance.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Regulations. Specifically, it needed to ascertain whether the applicant was enrolled in a registered course of study or training between 14 September 2015 and 14 February 2017, and if not, whether the decision to cancel the visa should be affirmed.

The Tribunal found that the applicant had not complied with condition 8202(2) as their Provider Registration and International Student Management System (PRISMS) record indicated they were not enrolled in a registered course between 14 September 2015 and 14 February 2017. The applicant provided no evidence to the contrary. Despite acknowledging the applicant's prior compliance with visa conditions, the Tribunal considered the subsequent period of non-compliance to be substantial and significant. The applicant had voluntarily departed Australia and provided no information suggesting they would face particular hardship if the visa cancellation was affirmed, nor had they responded to invitations to provide further information.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.