Thapa (Migration)

The applicant, Mr Thapa, sought judicial review of the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Student (Temporary) (Class TU) Subclass 500 visa. The Minister's delegate had cancelled the visa under s 501(2) of the *Migration Act 1958* (Cth) on the grounds that Mr Thapa had failed to maintain enrolment in a registered course, thereby failing to meet a condition of his visa. The Administrative Appeals Tribunal affirmed the delegate's decision.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law by failing to adequately consider Mr Thapa's submissions regarding his stress, financial difficulties, and poor academic record as mitigating factors against the cancellation of his visa. Specifically, the court considered whether the Tribunal had given sufficient weight to these factors in its assessment of whether Mr Thapa had demonstrated a genuine intention to comply with his visa conditions.

Her Honour Judge Hossen found that the Tribunal had not erred in law. The Tribunal had acknowledged Mr Thapa's stated reasons for non-compliance, including stress and financial difficulties, but had found that no evidence was provided to substantiate these claims. The Tribunal also noted Mr Thapa's extensive history of non-compliance with his visa conditions, including his failure to maintain enrolment in a registered course and his poor academic record. The Tribunal concluded that these factors, taken together, demonstrated a lack of genuine intention to comply with the requirements of his student visa, and that the decision to cancel the visa was therefore justified.

The application for judicial review was dismissed.