Ting (Migration)

This matter concerned an appeal by Mr Ting against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Subclass 500 (Student (Temporary)) visa. The cancellation was based on Mr Ting's alleged failure to maintain enrolment and satisfactory progress in his studies, thereby breaching condition 8202 of his visa. The Administrative Appeals Tribunal affirmed the Minister's decision.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Tribunal had erred in law in affirming the cancellation of Mr Ting's visa. Specifically, the court was required to consider whether the Tribunal had properly assessed the evidence regarding Mr Ting's enrolment, academic progress, and attendance, and whether it had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

The court found that the Tribunal had not erred in law. It was open to the Tribunal, on the evidence before it, to conclude that Mr Ting was not a genuine student, that he had not maintained satisfactory progress in his studies, and that he had a poor class attendance record. The Tribunal's findings were supported by documentary evidence and were within its powers. The court therefore dismissed Mr Ting's appeal.