Xu (Migration)

The applicant, Xu, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that Xu had been convicted of an offence against a law of a State, specifically an offence for which she was sentenced to 44 days imprisonment.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate of the Minister had erred in exercising their discretion to cancel Xu's visa. This involved considering whether the delegate had properly assessed the relevant factors, including Xu's status as a genuine student, her substantial compliance with visa conditions, and the nature of the offence for which she was convicted, which involved serious offences against women.

In his decision, Judge Pennell affirmed the delegate's decision. The court found that the delegate had adequately considered the relevant factors in exercising the discretion to cancel the visa. The seriousness of the offences, which involved violence against women, weighed heavily against the applicant, and the delegate was entitled to conclude that the cancellation was in the public interest. The court was satisfied that the delegate had not made any jurisdictional error in reaching their conclusion.