SAKIB (Migration)

The applicant, SAKIB, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister's decision to cancel his Subclass 573 Higher Education Sector (Temporary) (Class TU) visa. The Minister's decision was based on the applicant's failure to meet the criteria for being a genuine student, specifically by not being enrolled in a registered course of study and breaching condition 8202 of his visa. The applicant was offshore at the time of the Minister's decision and remained offshore throughout the proceedings.

The primary legal issue before the Federal Court was whether the AAT had erred in law in affirming the Minister's decision to cancel the applicant's visa. This involved determining whether the AAT had properly considered the evidence before it, including medical certificates provided by the applicant, and whether it had correctly applied the relevant migration legislation and principles concerning genuine student status and visa conditions. The applicant's failure to attend the AAT hearing was also a relevant factor in the Tribunal's assessment.

Justice Lynda Young found that the AAT had not erred in law. Her Honour noted that the medical certificates provided by the applicant did not establish a medical reason for his failure to enroll in a registered course of study. The AAT was entitled to conclude, based on the available evidence, that the applicant was not a genuine student and had breached his visa conditions. The applicant's continued offshore status further supported the AAT's findings.

The application for judicial review was dismissed.