Asghar v Minister for Immigration

The applicant, Mr. Asghar, sought judicial review of a decision by the Minister for Immigration's delegate to cancel his Student (Temporary) (Class TU) (subclass 500) visa. The dispute centred on whether the grounds for cancellation were made out and, if so, whether the visa should have been cancelled. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the delegate erred in finding that the applicant had breached a condition of his visa, specifically concerning his enrolment in a course of study. Furthermore, the court had to consider whether, even if a breach occurred, the delegate failed to properly exercise their discretion to cancel the visa, thereby constituting a jurisdictional error.

Judge McNab found that the delegate had not made an arguable case for cancellation. The evidence before the delegate did not establish that the applicant had failed to maintain enrolment in a registered course. Consequently, the delegate's decision to cancel the visa was based on a misapprehension of the facts. The court concluded that there was no jurisdictional error in the delegate's decision-making process.

The application for judicial review was dismissed.