Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who held a Subclass 573 Higher Education Sector visa. The dispute concerned the cancellation of his visa by the Minister's delegate, which Mr. Singh sought to have reviewed. The primary issue was whether Mr. Singh had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance.

The Tribunal was required to determine if Mr. Singh had complied with condition 8202(2) of the Migration Regulations, specifically whether he remained enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy guidelines.

The Tribunal found that Mr. Singh had not been enrolled in a registered course since 15 August 2014, a fact conceded by the applicant. While Mr. Singh claimed to have re-enrolled and completed a course in mid-2015, the Tribunal found no evidence to support this. The Tribunal noted that Mr. Singh had ceased enrolment in his higher education IT courses in May 2014, shortly after completing a Certificate III. Although he claimed the educational provider closed, his Diploma course was offered at another institution, and he provided no reasonable explanation for not continuing his studies. His subsequent attempts to enrol in vocational courses also failed, with his enrolments being cancelled for non-commencement. The Tribunal concluded that Mr. Singh had not complied with condition 8202(2) and, considering all circumstances, affirmed the decision to cancel his visa.