Ji (Migration)

The applicant, Ji, sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel her Subclass 572 (Student) (Temporary) visa. The cancellation was based on her failure to enrol in a registered course, a ground for cancellation under the *Migration Act 1958* (Cth). The applicant was offshore at the time of the decision and did not appear at the hearing before the Administrative Appeals Tribunal.

The primary legal issue before the Federal Court was whether the Tribunal erred in affirming the delegate's decision to cancel the applicant's visa. Specifically, the court considered whether the Tribunal had adequately considered the factors for and against cancellation, as required by the *Migration Act* and relevant policy guidelines, particularly in circumstances where the applicant was offshore and did not participate in the review process.

The court affirmed the Tribunal's decision, finding that the Tribunal had properly considered the relevant factors. It noted that while the applicant's absence and offshore status were factors to be taken into account, they did not preclude cancellation. The Tribunal was entitled to weigh these factors against the seriousness of the visa condition breach, which was the failure to enrol in a registered course. The court applied the principles of administrative review, emphasising that the Tribunal's role was to determine whether the delegate's decision was the correct or preferable one, considering all relevant circumstances. The court found no error in the Tribunal's assessment of the evidence and its application of the law.