Amarathunga (Migration)

The applicant, Mr. Amarathunga, sought judicial review of the decision of the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, non-payment of course fees, and limited academic progress. The Administrative Appeals Tribunal had affirmed the Minister's decision.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law in affirming the delegate's decision to cancel the applicant's visa. Specifically, the court was required to consider whether the Tribunal had adequately addressed the applicant's submissions regarding his change of enrolment to a diploma course and whether this change constituted a failure to maintain enrolment in a registered course as contemplated by the relevant legislative provisions.

In his reasoning, Dr Harkess J noted that the applicant's visa conditions required him to maintain enrolment in a registered course and to make satisfactory academic progress. The court found that the Tribunal had correctly identified that the applicant had ceased enrolment in his original higher education course and had not demonstrated satisfactory academic progress. While the applicant had subsequently enrolled in a diploma course, the court determined that the Tribunal had properly considered this change and concluded that it did not rectify the initial breaches of the visa conditions. The Tribunal's affirmation of the cancellation decision was therefore found to be legally sound.