Thalagalage Don (Migration)

The applicant, Mr Thalagalage Don, sought judicial review of a decision to affirm the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500 (Student). The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a ground for visa cancellation under the *Migration Act 1958* (Cth).

The primary legal issue before the Court was whether the delegate's decision to affirm the cancellation of the applicant's visa was affected by jurisdictional error. This required the Court to consider whether the delegate had properly applied the relevant legislative provisions and considered all relevant factors in reaching their decision, particularly in light of the applicant's stated mental health issues, his employment in Australia, and his history of multiple course cancellations and changes, coupled with limited academic progress.

The Member affirmed the decision under review, concluding that the delegate had not erred in their assessment. The reasoning indicated that despite the applicant's personal circumstances, including mental health challenges and employment, the fundamental requirement of maintaining enrolment in a registered course had not been met. The history of multiple course cancellations and limited academic progress were significant factors that weighed against the applicant's continued eligibility for the student visa. The delegate's decision was found to be within their power and properly exercised.

The decision under review was affirmed.