Singh (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, a citizen of India, had been granted the visa to study a Bachelor of Professional Accounting. The visa was cancelled on the grounds that the applicant had not been enrolled in a registered course of study from 27 August 2019 until 5 November 2021, thereby breaching condition 8202(2) of the *Migration Regulations 1994*. The applicant did not dispute this failure to maintain enrolment.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2) of his visa, which requires a student visa holder to be enrolled in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa. The applicant argued that he had completed previous courses, was currently enrolled in new courses, had not been certified by his education provider for unsatisfactory progress or attendance, and had always been truthful and cooperative with the Department. He also raised personal circumstances including the death of his grandfather, financial difficulties due to loss of family support, and mental health concerns.

The Tribunal found that the applicant had indeed failed to comply with condition 8202(2) by not being enrolled in a registered course from 27 August 2019 to 5 November 2021. Despite considering the applicant's submissions regarding his personal circumstances and his intention to study, the Tribunal concluded that these factors did not outweigh the seriousness of the breach. The Tribunal affirmed the decision to cancel the applicant's visa.