Xue v Minister for Immigration

Xue (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) affirming the cancellation of her temporary work visa. The cancellation was based on the applicant ceasing to work for her sponsoring employer for more than 90 days, a ground for cancellation under the *Migration Act 1958* (Cth).

The primary legal issue before the Federal Court was whether the Tribunal had erred in its exercise of discretion when it affirmed the visa cancellation. Specifically, the applicant argued that the Tribunal failed to properly consider relevant factors and gave undue weight to irrelevant factors in its decision-making process. The Court was required to determine if any such error constituted a jurisdictional error, which would warrant setting aside the Tribunal's decision.

Justice Driver found that the Tribunal had not committed jurisdictional error. The Court reasoned that the Tribunal had adequately considered the relevant factors, including the applicant's personal circumstances and the reasons for her cessation of work, alongside the mandatory grounds for cancellation. The Tribunal's decision to affirm the cancellation was within the scope of its powers and was not vitiated by any failure to properly exercise its discretion. The Court concluded that the Tribunal's findings of fact were open to it and that its application of the law was correct.

The application for judicial review was dismissed.