Rehan (Migration)

This matter concerned an application for review of a decision by the Minister to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant, Rehan, had been enrolled in a higher education course but was found not to be enrolled in a registered course at the time of the cancellation decision.

The primary legal issues before the court were whether the Minister had properly exercised the discretion to cancel the visa, and whether the circumstances giving rise to the applicant's non-compliance with enrolment requirements were beyond their control. Specifically, the court considered whether the applicant had acted reasonably and promptly in response to events such as deferring enrolment due to medical treatment and non-payment of fees, which the applicant attributed to miscommunication with the course provider.

The court found that the applicant had taken reasonable steps to address the issues that led to their non-compliance. The deferral of enrolment due to medical treatment and the subsequent non-payment of fees, which the applicant argued stemmed from miscommunication, were considered circumstances that were not entirely within the applicant's control. The court determined that the applicant had acted reasonably and promptly in attempting to rectify the situation. Consequently, the court set aside the Minister's decision to cancel the visa.