Raja (Migration)

This matter concerned an appeal by Mr Raja against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of his Subclass 500 student visa. Mr Raja had been granted the visa to undertake a course of study, but he failed to maintain enrolment in a registered course, thereby breaching condition 8202 of his visa. The AAT had found that Mr Raja's depressive disorder rendered him unable to fulfil the study requirements of his visa, and that this incapacitation was long-term.

The primary legal issue before the court was whether the AAT had erred in law in affirming the visa cancellation. 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) in assessing Mr Raja's circumstances, particularly in relation to the impact of his mental health condition on his ability to meet his visa obligations.

The court found that the AAT had not erred in law. It reasoned that the legislative framework required the visa holder to maintain enrolment in a registered course, and that while the AAT was entitled to consider mitigating circumstances such as illness, the evidence before it did not establish that Mr Raja's condition excused his failure to comply with the enrolment condition. The AAT had properly weighed the competing considerations and concluded that the cancellation was justified.