VO (Migration)

The applicant, VO, sought judicial review of the decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The Administrative Appeals Tribunal had affirmed the Minister's decision.

The primary legal issue before the court was whether the Tribunal erred in law by affirming the cancellation of VO's visa. This involved determining whether the Tribunal had adequately considered the evidence of hardship presented by VO, and whether it had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning visa cancellation for failing to maintain enrolment in a registered course.

The court found that the Tribunal had not erred in law. It noted that VO had failed to maintain enrolment in a registered course for a period of 13 months, had experienced financial difficulties, and had not completed any registered courses since 2015. While VO cited homesickness and lack of motivation as reasons for her failure to rectify her enrolment situation, the Tribunal found these reasons did not constitute compelling circumstances. The Tribunal also considered the hardship caused by the visa cancellation and concluded it was limited, particularly in light of the lack of evidence demonstrating a compelling need for VO to remain in Australia. The court affirmed the Tribunal's assessment that VO had committed a significant breach of her visa conditions.