VIKRAMJIT SINGH (Migration)

This matter concerned an appeal by Vikramjit Singh against the cancellation of his Student (Temporary) (Class TU) Higher Education Sector (subclass 573) visa. The applicant's visa was cancelled on the basis that he had breached condition 8202 of the Migration Regulations 1994, specifically by failing to be enrolled in a registered course of study. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) of the Regulations, as he was not enrolled in a registered course of study at the time of the notice of intention to cancel his visa, nor had he been enrolled since early 2017. While the applicant had initially come to Australia with the intention of studying and had completed several courses, his non-compliance with the enrolment condition was not disputed. In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the applicant's stated intention to study, the degree of hardship that might be caused by cancellation, and the circumstances surrounding the breach.

The applicant submitted that returning to India without a degree would be humiliating and that he wished to study to secure better paid work. The Tribunal accepted this as his genuine intention. However, the Tribunal also noted that the applicant had experienced a hostile relationship with his family in India due to his marriage, which commenced prior to October 2016 and continued up to the hearing. This strained relationship caused the applicant stress and depression, leading him to cease his studies in early 2017. Despite these personal difficulties, the Tribunal concluded that the applicant's failure to maintain enrolment in a registered course constituted a breach of his visa conditions.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.