Adhikari (Migration)

The applicant, Mr. Adhikari, sought judicial review of the decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that Mr. Adhikari was not enrolled in a registered course, a requirement for his visa. The Minister's delegate had considered the exercise of discretion regarding the cancellation but ultimately affirmed the decision.

The primary legal issue before the Federal Circuit Court was whether the delegate had erred in law in cancelling Mr. Adhikari's visa. Specifically, the court was required to determine if the delegate had properly considered the applicant's circumstances, including medical documents that were dated after the cancellation of his enrolment, and whether the delegate had adequately assessed the applicant's failure to remedy the breach of his visa conditions.

The court found that the delegate had correctly identified the ground for cancellation and had considered the relevant factors in exercising the discretion to cancel the visa. The delegate had acknowledged the medical documents but determined they did not provide a sufficient basis to depart from the cancellation decision, particularly in light of the applicant's failure to re-enrol or provide evidence of such re-enrolment. The delegate's reasoning demonstrated a proper understanding of the legislative framework and the onus on the applicant to satisfy the delegate that the visa should not be cancelled.

The application for judicial review was dismissed.