Gurpartap Singh (Migration)

Gurpartap Singh sought judicial review of the decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The primary ground for cancellation was that Mr Singh had ceased to be enrolled in a Higher Education Sector course, thereby failing to continue to satisfy the primary criteria for his visa.

The court was required to determine whether the delegate's decision to cancel Mr Singh's visa was affected by jurisdictional error. This involved considering whether the delegate had properly exercised their discretion to cancel the visa, particularly in light of Mr Singh's stated intention to study at bachelor level and his reliance on advice received from migration agents.

The court found that the delegate had failed to properly consider the relevant factors when exercising the discretion to cancel the visa. Specifically, the delegate had not adequately taken into account Mr Singh's expressed intention to pursue a bachelor's degree and the circumstances surrounding his reliance on migration agents' advice. The court held that the delegate's failure to give sufficient weight to these matters constituted a jurisdictional error.

Consequently, the decision under review was set aside.