NWABUEZE-ANISIOBI (Migration)

The applicant, Ms. Nwabueze-Anisiobi, sought judicial review of the decision of the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, as required by the conditions of her visa. The Administrative Appeals Tribunal had previously affirmed the delegate's decision.

The primary legal issue before the Federal Court was whether the Tribunal had erred in law in affirming the cancellation of the applicant's visa. Specifically, the Court was required to consider whether the Tribunal had adequately considered the evidence presented by the applicant regarding her attempts to re-enrol and the reasons for delays, including health issues and difficulties in meeting English language requirements. The Court also had to determine if the Tribunal's finding of limited academic progress was reasonably open to it on the evidence.

Justice O'Loughlin found that the Tribunal had failed to properly engage with the evidence concerning the applicant's efforts to re-enrol and the reasons for the delays. While acknowledging the applicant's limited academic progress, the Court held that the Tribunal had not given sufficient weight to the mitigating circumstances presented, including the applicant's interstate move for health reasons and the protracted wait for renewed English proficiency test results. The Court concluded that the Tribunal's decision was affected by an error of law, as it had not adequately considered all relevant factors in determining whether the applicant had failed to maintain enrolment in a registered course.

The Court set aside the decision of the Administrative Appeals Tribunal and remitted the matter to the Tribunal to be heard and determined afresh.