Wahab v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the cancellation of the applicant's student visa. The applicant contended that the AAT had fallen into jurisdictional error by failing to consider relevant matters and by making findings not supported by the evidence. The Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs was the respondent.

The primary legal issue before the Court was whether the AAT had made a jurisdictional error in its assessment of the applicant's compliance with visa Condition 8202(2)(b), which requires a student visa holder to remain enrolled in a course at the same or a higher AQF level than the course for which the visa was granted. Specifically, the applicant argued that his non-compliance was due to circumstances beyond his control, such as changes by education providers, and that the AAT had failed to consider these extenuating circumstances.

Justice Kendall found that the applicant's first ground of review failed on the facts. The Court noted that the applicant had not presented evidence to the AAT that his non-compliance was due to changes by education providers. Instead, the applicant's own evidence to the AAT indicated reasons such as personal problems, confusion, lack of friends, and non-payment of fees. The Court also observed that the AAT had thoroughly considered the applicant's evidence, describing it as "vague" and "lacking in detail," and had found that the reasons for not maintaining the requisite level of enrolment were within the applicant's control. The AAT's conclusion that the applicant was not enrolled in a full-time registered course at the required level was supported by the evidence, including information from the Provider Registration and International Student Management System (PRISMS).

The application was dismissed.