Vallala (Migration)

The applicant, Mr Vallala, sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The visa was granted on the condition that he maintain enrolment in a registered Higher Education course. Mr Vallala ceased his enrolment in the Higher Education course and subsequently enrolled in a Vocational course. He also ceased a relationship and indicated he was unable to study at Masters level, citing financial loss and impact upon his family. The decision under review affirmed the Minister's decision to cancel the visa.

The primary legal issue before the Court was whether the delegate's decision to cancel Mr Vallala's visa was affected by jurisdictional error. This required the Court to consider whether the delegate had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning visa cancellation for failing to maintain enrolment in the prescribed course of study. The Court also had to determine if the delegate had adequately considered the information provided by Mr Vallala regarding his changed circumstances and the reasons for his cessation of enrolment.

The Court reasoned that the delegate was required to be satisfied that Mr Vallala had failed to maintain enrolment in a registered Higher Education course, which was a ground for mandatory cancellation under the *Migration Act*. The delegate had found that Mr Vallala had indeed ceased his enrolment in the Higher Education course and had not satisfied the delegate that he had made satisfactory progress or had a reasonable excuse for not doing so. The delegate's decision was based on the factual findings that Mr Vallala had not complied with the conditions of his visa. The Court found no jurisdictional error in the delegate's assessment of the evidence before them.

The application for judicial review was dismissed.