Jangra (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Mr Jangra against the decision of the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the ground that Mr Jangra was not enrolled in a registered course, a failure to meet a condition of his visa.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Jangra's visa was the correct or preferable decision. This involved considering whether the discretion to cancel the visa should have been exercised, taking into account the circumstances presented by Mr Jangra, including his financial difficulties and his recommencement of study while holding a Bridging visa.

In its reasoning, the Tribunal acknowledged that while Mr Jangra had indeed failed to maintain enrolment in a registered course, which was a mandatory ground for cancellation, the Minister retained a discretion not to cancel the visa. The Tribunal found that Mr Jangra's explanation for his lack of enrolment, relating to financial hardship, and his subsequent proactive steps to re-enrol in a course while on a Bridging visa, were significant mitigating factors. The Tribunal concluded that these factors weighed heavily against the exercise of the cancellation discretion, and that it would have been preferable not to cancel the visa.

Consequently, the Tribunal set aside the decision under review and substituted a new decision that the visa cancellation be revoked.