TRAN (Migration)

This matter concerned an appeal by the applicant, Tran, against a decision by the Minister to cancel her Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to be enrolled in a registered course of study, thereby breaching condition 8202 of her visa. The applicant sought judicial review of this decision.

The primary legal issue before the Court was whether the Minister's decision to cancel the applicant's visa was affected by jurisdictional error. This required the Court to consider whether the Minister had properly exercised their discretion in cancelling the visa, particularly in light of new evidence presented by the applicant concerning her younger brother's health and her subsequent admission to university.

The Court found that the Minister had failed to give adequate consideration to the material before them, specifically the medical evidence relating to the applicant's younger brother and the applicant's subsequent enrolment in a university course. The Court held that a failure to consider relevant material can constitute jurisdictional error. Consequently, the decision under review was set aside.