Singh (Migration)

This matter concerned the affirmation of a decision to cancel the Subclass 573 Higher Education Sector visa of the applicant, Mr. Singh. The dispute arose because the applicant failed to maintain enrolment in a registered course of study, a condition of his visa. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The legal issues before the Tribunal were whether the applicant had complied with condition 8516 of his visa, which required him to continue to satisfy the criteria for the grant of the visa. This involved assessing whether he had maintained enrolment in a registered higher education course as specified by the Migration Regulations 1994. The Tribunal also had to consider whether, even if the ground for cancellation was established, the circumstances warranted the exercise of discretion to cancel the visa.

The Tribunal found that the ground for cancellation existed because the applicant had not been enrolled in a registered higher education course between March 2016 and December 2017. While the applicant cited family illness and death, and his own depression and difficulty with his studies as reasons for his lack of enrolment, the Tribunal noted that he had completed a vocational course during this period. Furthermore, the Tribunal expressed concerns about the applicant's ability and desire to undertake higher education in Australia, given his past academic performance and his decision to pursue vocational studies. The Tribunal concluded that, considering all the circumstances, the visa should be cancelled.