SINGH (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 572. The applicant, Mr. Singh, held a visa that was subject to condition 8202 of Schedule 8 to the Migration Regulations 1994. The cancellation was based on an alleged breach of this condition, specifically that the applicant was not enrolled in a registered course. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had breached condition 8202 and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered the requirements of condition 8202, which mandates that a visa holder be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The primary issue was whether the applicant had complied with the enrolment requirement. Evidence from the Provider Registration and International Student Management System (PRISMS) indicated that the applicant's enrolments in multiple courses had been cancelled due to non-commencement of studies or changes to his student details, suggesting a lack of continuous enrolment in a registered course since November 2015.

The Tribunal found that the applicant had not been enrolled in a registered course since 22 November 2015, thereby breaching condition 8202(2). Having established a ground for cancellation under section 116(1)(b) of the Migration Act 1958, the Tribunal then considered its discretion. While acknowledging the applicant's stated intention to study and his IELTS score, the Tribunal gave significant weight to the repeated cancellations of his course enrolments. The Tribunal was not satisfied that the applicant was remaining in Australia for study purposes or had a compelling need to do so, and concluded that the non-compliance with condition 8202 was significant.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.