Kumar (Migration)

This matter concerned an appeal by Mr. Kumar against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the Minister's decision to cancel his Subclass 500 (Student (Temporary)) visa. The cancellation was based on the applicant's failure to meet the conditions of his visa, specifically that he had not been enrolled in a registered course for more than six months and had not been studying effectively in preparatory courses.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in affirming the Minister's decision to cancel Mr. Kumar's visa. This involved determining whether the AAT had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning visa cancellation for students failing to maintain enrolment and effective study.

Justice Jackson found that the AAT had not erred in law. The Tribunal had correctly considered the evidence before it, including the applicant's enrolment history and the nature of his preparatory courses. The Court accepted the AAT's reasoning that the applicant's failure to maintain enrolment for the requisite period and his lack of effective study constituted a breach of his visa conditions. Furthermore, the AAT had properly considered whether there were compelling reasons for the applicant to remain in Australia, and found none. The appeal was therefore dismissed.