Bhandari (Migration)

The applicant, Mr. Bhandari, sought judicial review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The cancellation was based on the ground that Mr. Bhandari was not enrolled in a registered course, which constituted a serious breach of his visa conditions. The Minister's delegate exercised the discretion to cancel the visa.

The primary legal issue before the Federal Court was whether the delegate had properly considered the discretion to cancel the visa, particularly in light of Mr. Bhandari's circumstances and the purpose of his visa. The court was required to determine if the delegate had given adequate weight to factors such as Mr. Bhandari's intention to complete his studies and whether the cancellation was a proportionate response to the breach.

Justice Young found that the delegate had failed to properly consider the relevant factors when exercising the discretion to cancel the visa. While acknowledging the serious nature of the breach, the court emphasised that the delegate should have more thoroughly assessed Mr. Bhandari's genuine intention to complete his intended studies and the potential impact of cancellation on his ability to do so. The delegate's reasoning was found to be insufficient in demonstrating a proper consideration of all relevant aspects of the discretion.

Consequently, the Federal Court set aside the decision of the Minister's delegate to cancel Mr. Bhandari's visa.