Pollachi Sureshkumar (Migration)

The applicant, Pollachi Sureshkumar, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of her Subclass 573 Higher Education Sector visa. The visa was cancelled on the grounds that she had breached condition 8202 by not being enrolled in a registered course of study, and that she had provided untrue information to the Tribunal.

The primary legal issue before the Federal Circuit Court was whether the AAT had erred in law in affirming the delegate's decision to cancel the applicant's visa. Specifically, the court was required to consider whether the AAT had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning visa cancellation for breach of visa conditions and the provision of untrue information.

The court found that the AAT had not erred in law. It reasoned that the evidence before the AAT clearly established that the applicant was not enrolled in a registered course of study, thereby breaching condition 8202. Furthermore, the AAT was entitled to find that the applicant had provided untrue information to it, as she had claimed to be enrolled when she was not. The AAT's findings of fact were open to it on the evidence presented, and it correctly applied the relevant legislative framework for visa cancellation.

The application for judicial review was dismissed.