Hamza (Migration)

The applicant, Hamza, sought judicial review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The matter was remitted to the Federal Circuit Court by the Federal Court. The cancellation was based on the applicant ceasing enrolment in a registered Higher Education course, subsequently changing his course to Accounting, and failing to commence studies in the new course, citing financial hardship. The delegate affirmed the cancellation decision.

The primary legal issue before the Court was whether the delegate erred in affirming the cancellation of the applicant's visa. This involved determining whether the delegate had properly considered the applicant's circumstances, including his financial hardship and his intention to commence studies in the new course, when assessing whether the grounds for cancellation under the *Migration Act 1958* (Cth) were met.

The Court found that the delegate had failed to adequately consider the applicant's evidence regarding his financial hardship and his genuine intention to commence his Accounting studies. The delegate's reasoning did not sufficiently engage with the applicant's explanation for the delay in commencing his new course, nor did it properly assess whether the circumstances constituted a failure to meet the visa conditions. Consequently, the Court concluded that the delegate's decision was affected by jurisdictional error. The Court set aside the delegate's decision and remitted the matter to the Minister for reconsideration according to law.