Vu (Migration)

The applicant, Mr Vu, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to affirm the cancellation of his Student (Class TU) visa (Subclass 500). The cancellation was based on Mr Vu's failure to maintain enrolment in a registered course, a ground for visa cancellation under the *Migration Act 1958* (Cth).

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Minister's decision to affirm the cancellation was affected by jurisdictional error. This required the court to consider whether the delegate's assessment of Mr Vu's circumstances, including his study history, reasons for previous cancellations and non-enrolment, and his new enrolment, was reasonable and properly took into account all relevant considerations. Specifically, the court had to determine if the delegate erred in finding that Mr Vu had not demonstrated a genuine intention to study or a clear career plan, despite his explanations for past difficulties and his subsequent enrolment in a different field.

Justice Bradford reasoned that the delegate was entitled to weigh the applicant's explanations for his study history, including relationship difficulties, his father's death, and COVID-19 restrictions, against the fact that he had been previously unenrolled for a significant period and had only enrolled in a new subject area after receiving notice from the Department. The delegate was not obliged to accept the applicant's explanations at face value and was entitled to conclude that the applicant had not provided sufficient evidence of a genuine commitment to study or a coherent career plan. The court found no jurisdictional error in the delegate's assessment of the evidence and the application of the relevant legislative provisions.

The application for judicial review was dismissed.