Khaira (Migration)

The applicant, Mr. Khaira, sought judicial review of the decision of the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant ceasing to be enrolled in a registered course, specifically his higher education provider denying him a deferral and subsequently cancelling his enrolment due to non-payment of fees.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in affirming the delegate's decision to cancel Mr. Khaira's visa. This involved determining whether the AAT had properly considered the evidence before it and applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning visa cancellation for students who cease to be enrolled in a registered course.

Justice Upton found that the AAT had not erred in law. The Tribunal had correctly identified that the applicant had ceased to be enrolled in a registered course, a ground for mandatory visa cancellation under the *Migration Act*. The AAT had also properly considered the applicant's submissions regarding the denial of a deferral and the reasons for non-payment of fees, concluding that these circumstances did not provide a basis for the delegate to exercise discretion not to cancel the visa. The court affirmed the AAT's decision.