Barbuiani (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Mr Barbuiani against the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that Mr Barbuiani was not enrolled in a registered course, a failure to meet a condition of his visa.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Barbuiani's visa was justified. This involved considering whether the discretion to cancel the visa had been exercised correctly, particularly in light of Mr Barbuiani's significant period of non-compliance with his visa conditions.

In its reasoning, the Tribunal noted that Mr Barbuiani had been enrolled in a registered course at the time of his visa grant but had subsequently failed to maintain enrolment. The Tribunal found that this constituted a significant period of non-compliance with a condition of his visa. Applying the principles of administrative law, the Tribunal affirmed the Minister's decision, concluding that the cancellation was a reasonable exercise of the discretion available to the Minister, given the circumstances of the non-compliance.