Karki (Migration)

The applicant, Mr Karki, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Student (Temporary) (Class TU) visa (subclass 500). The ground for cancellation was that Mr Karki was not enrolled in a registered course, a requirement under the *Migration Regulations 1994* (Cth).

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Minister’s delegate had properly exercised the discretion to cancel Mr Karki’s visa, taking into account all relevant considerations. Specifically, the court considered whether the delegate had given adequate weight to mitigating factors, such as Mr Karki’s grandfather’s illness and his poor study record, when deciding to affirm the cancellation.

The court found that the delegate had failed to adequately consider the mitigating factors presented by Mr Karki. While acknowledging the seriousness of the ground for cancellation, the court held that the delegate’s reasoning did not demonstrate a proper balancing of the competing interests. The delegate’s decision was therefore vitiated by an error of law. The court set aside the delegate's decision and remitted the matter to the Minister for reconsideration according to law.