Pasricha (Migration)

The applicant, Mr Pasricha, sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The dispute arose from the applicant's enrolment in a registered course and subsequent medical treatment, which led to a period of absence from his studies. 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 Pasricha's visa was vitiated by jurisdictional error. Specifically, the Court was required to determine if the Minister had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the cancellation of a student visa, particularly in light of the applicant's circumstances involving medical treatment and his subsequent resumption of higher education studies.

The Court found that the Minister had erred in cancelling the visa. It was reasoned that the applicant had, in fact, resumed his Higher Education studies after his medical treatment, thereby satisfying the conditions for maintaining his enrolment in a registered course. The Court applied the principles of administrative law, focusing on the correct interpretation and application of the legislative requirements for visa cancellation in the context of a student visa holder undergoing necessary medical treatment. The decision under review was set aside.