KANDEL (Migration)

The applicant, Kandel, sought judicial review of the decision of the Immigration Assessment Authority (IAA) to affirm the cancellation of her Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on her failure to maintain enrolment in a registered course, a ground for cancellation under the *Migration Act 1958* (Cth).

The primary legal issue before the court was whether the IAA had erred in law in affirming the cancellation decision. This required the court to consider whether the IAA had properly exercised its discretion, taking into account all relevant factors, and whether it had adequately considered the applicant's submissions regarding her inability to study due to pain and her subsequent enrolment in a different course.

The court found that the IAA had not erred in law. It noted that while the applicant claimed to be in pain and unable to study, she had not provided any medical evidence to support this claim, nor had she sought a deferral of her studies or requested special consideration from her educational institution. Furthermore, the applicant's enrolment in a new course only occurred after she received notice of the intention to cancel her visa, which the IAA was entitled to view as a reactive measure rather than a genuine attempt to comply with visa conditions. The IAA had properly weighed the factors for and against cancellation, including the applicant's stated intention to return home for surgery, and concluded that cancellation was the appropriate course of action.

The application for judicial review was dismissed.