Shahi (Migration)

The applicant, Mr Shahi, sought judicial review of the decision of the Administrative Appeals Tribunal (AAT) affirming the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The visa was cancelled on the grounds that Mr Shahi was not enrolled in a registered course for a lengthy period, his enrolment had been cancelled by his education provider, and he had not satisfied the Minister's delegate that he had made satisfactory progress in his studies.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in affirming the delegate's decision to cancel Mr Shahi's visa. Specifically, the court considered whether the AAT had failed to adequately consider the reasons provided by Mr Shahi for his lack of satisfactory progress, including family illness, financial difficulties, and emotional turmoil, and whether it had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning student visa holders.

The court found that the AAT had not erred in law. It reasoned that while the AAT acknowledged the reasons provided by Mr Shahi, it was not satisfied that he had taken positive steps to improve his situation or that the circumstances explained his prolonged lack of enrolment and unsatisfactory progress. The AAT was entitled to find that the evidence presented did not sufficiently demonstrate that Mr Shahi had made satisfactory progress or that there were compelling reasons to excuse his failure to do so. The court affirmed the AAT's conclusion that the cancellation decision was open to the delegate and had been correctly affirmed.