Gurwinder Singh (Migration)

The applicant, Gurwinder Singh, sought judicial review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that Mr. Singh was not enrolled in a registered course, a requirement under the *Migration Act 1958* (Cth) and associated regulations. The primary dispute concerned whether the Minister had properly exercised their discretion to cancel the visa, taking into account all relevant factors.

The court was required to determine whether the delegate of the Minister had erred in law by failing to properly consider the applicant's study history and the mitigating circumstances that led to his lack of enrolment. Specifically, the court had to assess whether the delegate had given adequate weight to the applicant's medical condition and the death of a family member, which were presented as reasons for his failure to maintain enrolment in a registered course.

In reaching its decision, the court considered the principles of administrative law, including the duty to exercise discretion according to law and to consider all relevant factors. The court found that while the delegate had acknowledged the applicant's submissions regarding his medical condition and family bereavement, the delegate had not adequately explained how these factors were weighed against the mandatory ground for cancellation. The delegate's reasoning did not demonstrate a proper consideration of whether the discretion to cancel the visa should have been exercised in light of these circumstances.

The court concluded that the delegate's decision was affected by an error of law. Consequently, the decision of the delegate to affirm the cancellation of Mr. Singh's visa was set aside.