Singh (Migration)

This matter concerned an appeal by an applicant against the decision to cancel their Subclass 573 Higher Education Sector student visa. The applicant had been granted the visa in July 2014, with a stay period extending to September 2017. The cancellation was based on an alleged breach of condition 8202 of the Migration Regulations 1994, specifically concerning enrolment in a registered course.

The primary legal issue before the Tribunal was whether the applicant 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 was required to determine if the applicant's enrolment status and academic performance constituted a breach of this condition, which would then permit the cancellation of their visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) because their enrolment in a Bachelor of Business (Marketing) was cancelled due to a transfer between education providers, and subsequent records indicated no enrolment in a Bachelor's or Master's degree since August 2015. While acknowledging the applicant's stated reasons for difficulties, including financial hardship, emotional distress, and a desire to pursue vocational studies, the Tribunal concluded that these did not negate the breach. The Tribunal also considered its discretion to cancel the visa, noting the applicant's stated intention to study a diploma and establish an import-export business in India. However, given the lack of academic progress, the prolonged period of non-enrolment, and the applicant's past struggles, the Tribunal was not satisfied that the applicant possessed the necessary capacity or aptitude to complete a registered course, nor that they were a genuine student.

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