Anwar (Migration)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia by Mr. Anwar against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. Mr. Anwar had been enrolled in a higher education course but ceased his enrolment, subsequently changing to a vocational course. The AAT's decision to affirm the visa cancellation was the subject of Mr. Anwar's appeal.

The primary legal issue before the Court was whether the AAT had erred in law in its assessment of the relevant criteria for the grant of a student visa, specifically concerning the applicant's enrolment status and the circumstances surrounding his cessation of enrolment in his original course. The Court was required to consider whether the AAT had properly applied the provisions of the *Migration Act 1958* (Cth) and the associated regulations in determining that Mr. Anwar did not meet the requirements for maintaining his student visa.

Her Honour Noelle Hossen found that the AAT had not erred in law. The Court reasoned that the AAT was entitled to find that Mr. Anwar had failed to maintain enrolment in a course that was consistent with the visa he held, and that the subsequent changes to his enrolment did not rectify this failure. The AAT's findings regarding the applicant's financial hardship and the repeated cancellations of course enrolments were considered by the Court to be relevant factors that supported the AAT's conclusion that the applicant had not met the legislative requirements. The Court affirmed the AAT's decision.