SINGH (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr. Singh's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute arose from the Minister's delegate's decision to cancel Mr. Singh's visa due to a breach of visa condition 8516, which requires a visa holder to continue to meet the requirements for the grant of their visa.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, specifically whether Mr. Singh had failed to comply with condition 8516 by not continuing to satisfy the criteria for the grant of his visa. The Tribunal also had to consider whether, if the ground for cancellation was established, it should exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal reasoned that condition 8516 required Mr. Singh to either have a confirmation of enrolment in a relevant higher education course at the time of application and decision, or at the time of decision, be enrolled in or have a current offer of enrolment in a course specified by the Minister. The delegate found, and Mr. Singh conceded, that his enrolment in a Master of Business degree was cancelled on 19 October 2015, meaning he no longer met the criteria. The Tribunal found Mr. Singh's explanation for failing his initial English course and the subsequent cascade of enrolment cancellations unconvincing, particularly given his prior academic qualifications and English proficiency. The Tribunal also noted that Mr. Singh's attempts to secure a new confirmation of enrolment were either unsuccessful or conditional, and that a conditional offer from Holmes College was received after he was issued a Notice of Intention to Consider Cancellation.

The Tribunal concluded that the ground for cancellation under section 116(1)(b) was established. After considering the circumstances, including Mr. Singh's explanations and actions, the Tribunal exercised its discretion and affirmed the decision to cancel Mr. Singh's visa.