SINGH (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The visa was cancelled on the grounds that the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 by failing to remain enrolled in a registered course. The applicant admitted he had not been enrolled in a registered course since 27 March 2016.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa, and if so, whether the discretion to cancel the visa should be exercised. Condition 8202 requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal was also required to consider the applicant's submissions regarding hardship and government policy guidelines in determining whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2) as he was not enrolled in a registered course. The applicant's explanation for ceasing his studies in 2014, and his subsequent claims of attempting to re-enrol in 2015 and 2016, were not accepted by the Tribunal. The Tribunal concluded that the applicant had abandoned his studies in 2014 and had no intention of pursuing further education in Australia. The Tribunal also noted the applicant's stated intention to apply for a subclass 457 visa as a dependent of his wife, rather than to continue his studies.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa. The Tribunal found that the applicant had not complied with a condition of his visa and, after considering the matters raised by the applicant and relevant policy guidelines, concluded that the discretion to cancel the visa should be exercised.