Ali (Migration)

The applicant, Mr Ali, sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) Subclass 573 (Higher Education Sector) visa. The Minister's decision was affirmed by the Administrative Appeals Tribunal.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law by affirming the Minister's decision to cancel Mr Ali's visa. Specifically, the court considered whether the Tribunal had failed to adequately consider the applicant's explanations for his gaps in course enrolment and his poor academic performance, and whether these factors constituted a failure to maintain satisfactory course progress as required by the visa conditions. The court also examined whether the Tribunal had properly considered the applicant's stated changes in career plans.

The court found that the Tribunal had not erred in law. It reasoned that the Tribunal had properly considered all the evidence before it, including the applicant's explanations and the documentary evidence relating to his academic performance and enrolment. The Tribunal was entitled to conclude that the applicant had not maintained satisfactory course progress, a ground for visa cancellation under the *Migration Act 1958* (Cth) and associated regulations. The Tribunal's findings were open to it on the evidence presented.

The application for judicial review was dismissed.