SINGH (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled on the basis that they had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2) of the Regulations, as evidence indicated they were not enrolled in a registered course of study for a significant period, from 4 November 2015 until January 2017. While the applicant provided evidence of subsequent enrolments in a Diploma of Business, an Advanced Diploma of Business, and a Bachelor of Business degree, this did not negate the earlier period of non-compliance. The Tribunal then considered its discretion to cancel the visa, having regard to the applicant's submissions regarding hardship, including a family accident in India and personal difficulties with employment and English.

Despite acknowledging the applicant's stated purpose of study and expressing sympathy for the personal circumstances presented, the Tribunal concluded that these factors did not outweigh the seriousness of the breach. The Tribunal found that the applicant had not demonstrated a compelling need to remain in Australia, and the substantial period of non-enrolment was considered a significant ground for cancellation. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.