Singh (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel Mr Singh's Subclass 572 Vocational Education and Training Sector visa. Mr Singh had been granted the visa as a member of the family unit of his spouse, Ms Kulwinder Kaur. The Department of Home Affairs sought to cancel his visa on the basis that the fact on which the visa was granted – his membership in the family unit of Ms Kaur – no longer existed, due to their separation and subsequent divorce.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised. The primary legal issue was whether the applicant's visa could be cancelled under s 116(1)(a) of the Migration Act 1958 (Cth) because the fact on which his visa was granted, namely being a member of his spouse's family unit, no longer existed. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the ground for cancellation existed because the applicant was no longer a member of his spouse's family unit, as evidenced by their separation and divorce. The Tribunal then considered its discretion to cancel the visa. It had regard to the applicant's submissions, including his poor study history, periods of stress, depression, financial difficulties, and the impact of COVID-19. The Tribunal also noted that the applicant's current enrolment in a new course was made after receiving the Tribunal's hearing invitation. The Tribunal concluded that, considering all the material before it, the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel Mr Singh's Subclass 572 visa.