Kimani (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Mr Kimani, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. Mr Kimani had been granted this visa to undertake a course of study in Australia.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Mr Kimani's visa was justified. This involved determining whether Mr Kimani had breached a condition of his visa, specifically the requirement to maintain enrolment in a registered course. The Tribunal also had to consider whether there were any compelling reasons to set aside the cancellation decision, taking into account Mr Kimani's medical issues and his subsequent change of courses.

In reaching its decision, the Tribunal applied the principles of administrative law governing visa cancellations. It found that Mr Kimani had indeed failed to maintain enrolment in a registered course, which constituted a breach of his visa conditions. While acknowledging Mr Kimani's medical difficulties and his efforts to change courses, the Tribunal concluded that these circumstances did not provide sufficient grounds to override the mandatory cancellation decision. The Tribunal affirmed the delegate's decision to cancel the visa.