Randhawa (Migration)

The applicant, Mr Randhawa, sought judicial review of a decision by the Minister for Immigration and Border Protection to affirm the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, having never commenced a Bachelor's degree course and having enrolled but not commenced a range of certificate, diploma, and advanced diploma courses. The matter came before Owen J in the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant had breached the conditions of his visa, specifically the requirement to maintain enrolment in a registered course. This involved an interpretation of the relevant legislative provisions and the factual circumstances surrounding the applicant's enrolment and commencement of studies.

Owen J found that the applicant had not satisfied the conditions of his visa. His Honour reasoned that enrolling in a course, without commencing it, did not constitute maintaining enrolment in a registered course for the purposes of the visa conditions. The applicant's actions demonstrated a failure to meet the fundamental obligations attached to his student visa, leading to the lawful cancellation of that visa. The Court affirmed the Minister's decision.