Chilka (Migration)

The applicant, Mr Chilka, sought judicial review of the decision of the Administrative Appeals Tribunal (AAT) which affirmed the delegate's decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to maintain enrolment in a registered course and his failure to defer his studies.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT 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 AAT had correctly applied the provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the grounds for visa cancellation related to student visa holders' enrolment status.

His Honour Harkess Dr found that the AAT had not erred in law. The court reasoned that the applicant had indeed ceased enrolment in his registered course and had not sought or obtained a deferral of his studies, which constituted a failure to meet a condition of his visa as prescribed by the *Migration Regulations*. The AAT's findings of fact were open to it on the evidence before it, and its application of the relevant legislative provisions was correct.

Consequently, the application for judicial review was dismissed.