SINGH v Minister for Immigration and Anor

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the cancellation of the applicant's Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The Minister for Immigration and Border Protection was the second respondent.

The primary legal issue before the Court was whether the Tribunal had committed jurisdictional error in affirming the delegate's decision to cancel the applicant's visa. This involved determining whether the Tribunal was satisfied that the applicant was a genuine student in Australia, as required by the conditions of his visa, specifically Condition 8516.

The Tribunal found that the applicant had breached Condition 8516 of his visa because he was not enrolled in, nor did he have a Confirmation of Enrolment for, a higher degree course between 7 January 2014 and 29 December 2014. The Tribunal expressed significant concerns about the applicant's intentions regarding his studies, finding that he never intended to study at a higher degree level in Australia. The Tribunal noted the applicant's vague answers regarding his future business plans and his lack of knowledge about the subjects of the Bachelor of Business course. While accepting that poor English results led to the cancellation of one course, the Tribunal did not accept the applicant's claim that he enrolled in a higher degree course as soon as he was informed of the breach. Furthermore, the Tribunal was not satisfied that the Bachelor of Business (Hospitality and Tourism Management) or Diploma of Commerce courses would assist the applicant in gaining employment, concluding that these enrolments were solely to meet visa requirements and that the applicant had no intention of studying them. Consequently, the Tribunal was satisfied that a ground for cancellation existed under s 116(1)(b) of the Migration Act 1958 (Cth) and exercised its discretion to cancel the visa. The Court found no jurisdictional error in the Tribunal's decision.

The application for judicial review was dismissed, and costs were ordered.