1707812 (Migration)

The applicant, a former holder of a Student (Temporary) (Class TU) visa (Subclass 573 Higher Education Sector), sought judicial review of the Minister's decision to cancel their visa. The Minister's decision was based on the applicant's alleged failure to maintain enrolment in a registered course, a lack of intention to study, and non-payment of course fees. The court was also asked to consider the position of other applicants, though it was noted that the jurisdiction for these other applicants was not established.

The primary legal issue before the court was whether the Minister's decision to cancel the applicant's visa was affected by jurisdictional error. This required the court to determine if the grounds for cancellation relied upon by the Minister were established on the facts, and if the Minister had properly considered all relevant information in reaching their decision. The court also had to consider the scope of its jurisdiction in relation to the other applicants.

The court found that the applicant had failed to demonstrate jurisdictional error. It was held that the evidence presented supported the Minister's findings that the applicant had not maintained enrolment in a registered course, lacked a genuine intention to study, and had not paid their course fees. Consequently, the Minister was entitled to cancel the visa on these grounds. The court affirmed the decision under review.