Singh (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the applicant's alleged failure to comply with the conditions of his visa, specifically by not maintaining the required enrolment in a course of study.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established. This involved assessing whether the applicant had failed to comply with condition 8516 of his visa, which mandates that a visa holder must continue to satisfy the criteria for the grant of their visa. The Tribunal also had to consider whether, if the ground for cancellation was established, the discretion to cancel the visa should be exercised, taking into account all relevant circumstances.

The Tribunal found that the ground for cancellation was made out because the applicant's enrolment in a Bachelor of Business course was cancelled on 20 April 2015, meaning he had failed to meet the criteria for his visa from that date. Despite re-enrolling in a Bachelor of Business course after receiving a Notice of Intention to Consider Cancellation, the Tribunal noted the applicant's history of failing to complete initial courses, withdrawing from others due to difficulty, and undertaking vocational education and training courses instead of higher education. The Tribunal was not satisfied that the applicant genuinely intended to undertake higher education or possessed the ability to successfully complete a degree course, concluding that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.