Wang v Minister for Immigration

In *Wang v Minister for Immigration*, Emmett J considered a challenge to the cancellation of a student visa. The applicant, Ms. Wang, had been granted a Higher Education Sector Student visa (subclass 573) in May 2014. The Minister for Immigration and Border Protection formed the view that Ms. Wang was not, or was likely not to be, a genuine student, which is a ground for visa cancellation under section 116(1)(fa)(i) of the *Migration Act 1958* (Cth).

The central legal issue before the Court was whether the Minister's delegate was satisfied that Ms. Wang was not a genuine student, based on the evidence presented. This involved an assessment of whether the delegate had regard to relevant information and whether the conclusion reached was open to the delegate on the material before them. The delegate's satisfaction was informed by information from the Provider Registration and International Student Management System (PRISMS), which detailed Ms. Wang's enrolment history and periods of study.

Emmett J reasoned that the delegate's conclusion that Ms. Wang was not a genuine student was supported by the evidence. The delegate noted that Ms. Wang had enrolled in a Master of Professional Accounting course but had not commenced it, and her subsequent enrolment in a Diploma of Business was also cancelled for non-commencement. Furthermore, PRISMS data indicated that Ms. Wang had studied for a relatively short period of her onshore time, suggesting her primary intention was not to undertake study. The Court applied the principle that a student visa is granted for the purpose of achieving an educational qualification, and a lack of academic progression and significant periods of non-study could lead a delegate to be satisfied that the holder is not a genuine student.