Tran (Migration)

The applicant, Mr. Tran, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that Mr. Tran was not enrolled in a registered course, which meant the purpose for which the visa was granted was not fulfilled. The delegate considered the exercise of discretion regarding the cancellation.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate erred in law in cancelling Mr. Tran's visa. Specifically, the court was required to determine if the delegate had properly considered the relevant factors, including the applicant's failure to seek a deferral of his studies, and whether the cancellation decision was otherwise affected by jurisdictional error.

Justice Plain found that the delegate had adequately considered the relevant factors in exercising the discretion to cancel the visa. The delegate correctly identified that Mr. Tran was not enrolled in a registered course, which was a ground for cancellation under the *Migration Act 1958* (Cth). The delegate also properly took into account that Mr. Tran had not sought a deferral, which indicated a lack of engagement with the requirements of his visa. The court concluded that the delegate's reasoning was sound and that no jurisdictional error had occurred.

The application for judicial review was dismissed.