Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course of study. The Tribunal was tasked with determining if the applicant had indeed failed to comply with this condition and, if so, whether the cancellation of the visa was an appropriate exercise of discretion.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires visa holders to be enrolled in a registered course of study and to maintain satisfactory course progress and attendance. The applicant's visa was cancelled on the grounds that they were not enrolled in a registered course between 19 August 2016 and 29 November 2016. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa, taking into account any circumstances presented by the applicant.

The Tribunal found that the applicant had breached condition 8202(2) as their Provider Registration and International Student Management System (PRISMS) record indicated they were not enrolled in a registered course of study during the specified period. The applicant provided no information to contradict this. In considering the discretion to cancel the visa, the Tribunal noted that while the applicant had previously complied with their visa conditions, their subsequent period of non-compliance was substantial. The Tribunal also found that the applicant had not demonstrated a compelling need to remain in Australia and had not provided any information suggesting they would face particular hardship if the visa were cancelled, despite opportunities to do so. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.