Oyelola (Migration)

The applicant, Mr Oyelola, sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573. The visa was cancelled on the grounds that Mr Oyelola was not enrolled in a registered course and had failed to pay his course fees, thereby breaching visa condition 1. The applicant contended that he had made genuine efforts to pay the fees, but was prevented from doing so due to currency restrictions imposed by his home country. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to cancel Mr Oyelola's visa was affected by jurisdictional error. This involved determining whether the Minister had properly considered the applicant's explanation for non-compliance with the visa conditions, particularly in light of the alleged currency restrictions, and whether the cancellation decision was otherwise lawful.

The Court affirmed the Minister's decision, finding that the evidence did not establish that Mr Oyelola was genuinely prevented from paying his fees due to currency restrictions. The Court noted that the applicant had not provided sufficient evidence to substantiate his claims, such as official documentation from his bank or government authorities in his home country detailing the restrictions. Without such evidence, the Court was unable to conclude that the applicant had a valid excuse for failing to meet his obligations under the visa conditions. The Court therefore found no jurisdictional error in the Minister's decision to cancel the visa.