SINGH (Migration)

This matter concerned an appeal by Mr Singh against the decision to cancel his Subclass 573 Higher Education Sector student visa. The visa was cancelled by the Department on the basis that Mr Singh had breached condition 8202 of the Migration Regulations 1994 by failing to be enrolled in a registered course since 16 January 2015. The Tribunal was required to determine whether Mr Singh had indeed breached condition 8202 and, if so, whether to exercise its discretion to affirm the cancellation.

The primary legal issue was whether Mr Singh had complied with condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance, as certified by their education provider. The Tribunal considered the evidence that Mr Singh had enrolled in an English Language Program and a Bachelor of Information and Communications Technology, but his enrolment in the latter was cancelled due to cessation of studies. Subsequently, he enrolled in a Certificate IV in Information Technology, but this enrolment was cancelled due to non-payment of fees, and he had not enrolled in any other course thereafter.

The Tribunal found that Mr Singh had not been enrolled in a registered course from 16 January 2015, and therefore had not complied with condition 8202(2) of the Regulations. In considering whether to exercise its discretion to cancel the visa, the Tribunal had regard to Mr Singh's personal circumstances, including family issues and financial difficulties, and his stated intention to study Business. However, the Tribunal noted that a letter of offer for a Bachelor of Business course was received after the Notice of Intention to Consider Cancellation was issued, had expired, and Mr Singh had not enrolled. The Tribunal concluded that there were no compelling reasons for Mr Singh to remain in Australia and that the degree of hardship caused by cancellation was not significant, as he was single and no family members in Australia would be negatively affected.

Consequently, the Tribunal affirmed the decision to cancel Mr Singh's Subclass TU visa.