SINGH (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa. The dispute concerned whether the applicant had complied with the conditions of his student visa, specifically the requirement to maintain enrolment in a qualifying course of study.

The Tribunal was required to determine if the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established. This involved assessing whether the applicant had failed to comply with a condition of his visa, which mandated that he continue to satisfy the criteria for the grant of the visa. The relevant criteria for a Subclass 573 visa required the applicant to be enrolled in a course of study specified by the Minister, such as a Bachelor's Degree or a Master's Degree, or an equivalent qualification.

The Tribunal found that the applicant had not met these criteria because he was no longer enrolled in a Bachelor's or Master's degree course, nor was he enrolled in an alternative specified course. The applicant's migration agent conceded that the applicant had changed from a degree course to a diploma course due to academic concerns and family health issues. The applicant himself admitted to this change in study pathway and acknowledged that he was not aware of the need to change his visa status when his enrolment was cancelled. The Tribunal concluded that the applicant had failed to comply with his visa conditions, thus establishing the ground for cancellation.

Given that the ground for cancellation did not mandate its exercise, the Tribunal considered whether to exercise its discretion to cancel the visa. After reviewing the applicant's history, including his initial struggles with Australian study patterns, his change of course, and his admission of not understanding Australian visa compliance laws, the Tribunal concluded that the visa should be cancelled. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.