Singh (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Subclass 573 Higher Education Sector visa. The applicant had been granted the visa on 2 May 2014 and arrived in Australia shortly thereafter. The core of the dispute revolved around the applicant's enrolment history and academic progress, which led to multiple course cancellations by various educational institutions.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(fa) of the Migration Act 1958 (Cth) were made out. Specifically, the Tribunal had to consider whether the applicant was, or was likely to be, a genuine student, or whether he had engaged, was engaging, or was likely to engage in conduct not contemplated by the visa. The Tribunal also considered the prescribed matters under regulation 2.43 of the Migration Regulations 1994, which are relevant to determining whether a student visa holder is a genuine student.

The Tribunal's reasoning focused on the applicant's extensive history of course enrolments and subsequent cancellations. The applicant completed one initial course but had multiple subsequent enrolments cancelled for non-commencement of studies, unsatisfactory course progress, and erratic course progress. While a deferral for medical treatment was noted, the Tribunal found that the applicant had not demonstrated genuine student conduct, citing numerous instances of non-attendance, overdue fees, and failure to submit assessments. The Tribunal affirmed the decision to cancel the visa, concluding that the applicant had not met the requirements of being a genuine student.