1716013 (Migration)

The applicant, a holder of a Student (Temporary) (Class TU) visa (Subclass 573), sought judicial review of the Minister's decision to cancel their visa. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a ground for cancellation under the *Migration Act 1958* (Cth). The applicant contended that the Minister's exercise of discretion to cancel the visa was unreasonable, given the circumstances of their unplanned pregnancy, subsequent relationship breakdown, and the physical and mental health impacts of these events, including a decision to undergo an abortion.

The primary legal issue before the Federal Circuit Court was whether the Minister's decision to cancel the applicant's visa, despite the mitigating circumstances presented, was a lawful exercise of the power of cancellation. Specifically, the court was required to consider whether the Minister had adequately considered all relevant factors, including the applicant's personal circumstances and their intention to re-enrol and continue their studies, when deciding to cancel the visa.

The court found that the delegate's decision to cancel the visa was affected by jurisdictional error. The delegate failed to give sufficient weight to the applicant's compelling personal circumstances, including the significant physical and mental health impacts of their unplanned pregnancy and relationship breakdown. The court emphasised that while maintaining enrolment is a condition of the visa, the exercise of discretion to cancel must be balanced and consider all relevant factors, including the applicant's stated intention and capacity to rectify the breach. The delegate's assessment was found to be overly focused on the breach itself without adequately engaging with the applicant's explanation and proposed course of action.

Consequently, the court set aside the decision under review and remitted the matter to the Minister for reconsideration according to law.