Gurung (Migration)

The applicant, Mr. Gurung, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Subclass 485 (Temporary Graduate) visa. The cancellation was based on the Minister's assessment that the applicant's presence in Australia was or may be a risk to others, that he was not fulfilling the purpose of his stay, and that there was no compelling need for him to remain in Australia. The matter came before Justice Raif of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to cancel Mr. Gurung's visa was affected by jurisdictional error. This involved examining whether the Minister had properly considered the relevant factors under the *Migration Act 1958* (Cth) and its associated regulations, particularly concerning the grounds for cancellation and the assessment of risk and compelling need to remain in Australia. The Court was required to determine if the Minister's findings were supported by evidence and if the decision-making process was fair and lawful.

Justice Raif affirmed the Minister's decision, finding that the applicant had been convicted of an offence under New South Wales law. The Court was satisfied that the Minister had adequately considered the applicant's circumstances, including his conviction and the purpose of his temporary graduate visa. The Minister's conclusion that the applicant's presence posed a risk and that there was no compelling need for him to remain in Australia was found to be open to the Minister on the evidence before her. Consequently, the Court found no jurisdictional error in the cancellation decision.