Hu (Migration)

The applicant, Hu, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Student (Temporary) (Class TU) Subclass 500 visa. The Minister's decision was based on the ground that Hu was not enrolled in a registered course, a ground for cancellation under the *Migration Act 1958* (Cth). Neither Hu nor her representative attended the hearing concerning the cancellation decision.

The primary legal issue before the Federal Circuit Court was whether the Minister's decision to cancel Hu's visa was affected by jurisdictional error. Specifically, the court was required to consider whether the Minister had properly considered the "significant event" exception to cancellation, which allows for a visa not to be cancelled if a significant event has occurred that would make the cancellation unreasonable. Hu contended that the passing of a family member constituted such a significant event.

The court affirmed the Minister's decision, finding that the period of non-enrolment in a registered course was significant and that the applicant had not provided sufficient evidence to satisfy the Minister that the passing of a family member was a significant event that would make cancellation unreasonable. The court noted that neither the applicant nor her representative attended the hearing to present evidence or arguments regarding the alleged significant event, and therefore, the Minister was not satisfied that the exception applied. The decision under review was affirmed.