Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, who sought to have the cancellation of his Student (Temporary) (Class TU) visa, subclass 573, reviewed. The applicant's visa was cancelled by the Department of Immigration and Border Protection on the grounds that he had breached condition 8202 of the Migration Regulations 1994. The applicant contended that the cancellation was unwarranted, citing personal difficulties including family illness and issues with his chosen course of study.

The primary legal issue before the Tribunal was whether Mr Singh had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances presented by the applicant and relevant government policy.

The Tribunal found that Mr Singh had not complied with condition 8202(2)(a) as he had not been enrolled in a registered course of study since 31 December 2015. While acknowledging the applicant's stated reasons for his academic difficulties, including successive failures in course units, his desire to change courses, and his brother's illness, the Tribunal determined that these factors did not negate the breach. The Tribunal considered the applicant's initial intention to study in Australia, his failure to complete any course since his arrival, and the significant period of non-enrolment. Despite accepting that some limited hardship might be caused by cancellation, and noting the applicant's wish to continue studying, the Tribunal concluded that the breach was significant and that the circumstances did not warrant the exercise of discretion to set aside the cancellation.

Consequently, the Tribunal affirmed the decision to cancel Mr Singh's visa.