SANTELLA (Migration)

The applicant, Santella, sought judicial review of a decision by the Minister to cancel her Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a condition of her visa. The primary dispute concerned whether the applicant was a genuine student at the time of the cancellation decision.

The court was required to determine whether the delegate's conclusion that the applicant was not a genuine student was reasonably open on the evidence before them. This involved assessing whether the applicant had genuinely undertaken the course of study for which her visa was granted, or if she had ceased her studies without a valid reason.

In reaching its decision, the court considered the evidence presented regarding the applicant's enrolment and attendance. It was found that the applicant had ceased attending her course and had not provided a satisfactory explanation for this cessation. The court applied the principles of administrative law, focusing on whether the delegate's decision was affected by jurisdictional error. The delegate's finding that the applicant was not a genuine student was found to be reasonably open on the evidence, and therefore, the decision to affirm the cancellation was upheld.