Singh (Migration)

The applicant, Mr Singh, sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the ground that Mr Singh was not enrolled in a registered course, which constituted a serious breach of a condition of his visa.

The primary legal issue before the Federal Circuit Court was whether the Minister's decision to cancel Mr Singh's visa, in the exercise of the discretion afforded by s 501(2) of the *Migration Act 1958* (Cth), was affected by jurisdictional error. Specifically, the court was required to consider whether the Minister had failed to properly consider the "vicissitudes of life" and whether Mr Singh had taken reasonable steps to address his failure to maintain enrolment.

In his reasoning, Judge Harkess noted that while the Minister was required to consider the applicant's circumstances, the discretion to cancel a visa was not unfettered. The court found that the Minister had adequately considered the information provided by Mr Singh regarding his deferral of studies and the reasons for his failure to maintain enrolment. The judge concluded that Mr Singh had not taken reasonable steps to rectify the situation, and that the Minister's decision to cancel the visa was a valid exercise of discretion, not vitiated by jurisdictional error.

The application for judicial review was dismissed.