1815677 (Migration)

The applicant, a holder of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, sought judicial review of the decision to cancel their visa. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, specifically by ceasing enrolment after not completing a preliminary English course. The applicant also raised concerns about a possible separation from their spouse. The matter came before Genevieve Cleary.

The primary legal issue before the court was whether the applicant was a genuine student at the time of the visa cancellation. This required the court to consider whether the applicant had made sufficient attempts to enrol in a registered course and whether their circumstances, including the potential separation from their spouse, impacted their genuineness as a student.

Her Honour found that the applicant had not demonstrated they were a genuine student. The court noted the limited attempts made by the applicant to enrol in a registered course and the failure to complete the preliminary English course. While acknowledging the applicant's concerns regarding their spouse, Her Honour concluded that these circumstances did not outweigh the evidence of a lack of genuine engagement with their studies. The court affirmed the decision under review.