Zaman (Migration)

The applicant, Mr. Zaman, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on Mr. Zaman's failure to maintain enrolment in a registered course of study, thereby breaching condition 8202 of his visa. Mr. Zaman contended that his mental health condition, specifically mixed anxiety and depression, prevented him from taking the necessary steps to avoid breaching the visa condition.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Tribunal had erred in law by failing to adequately consider Mr. Zaman's mental health condition when assessing whether he had taken "all reasonable steps" to avoid breaching condition 8202. The court was required to determine if the Tribunal's finding that Mr. Zaman had not taken such steps was reasonably open to it on the evidence presented.

The court found that the Tribunal had indeed failed to adequately consider the impact of Mr. Zaman's mental health condition on his capacity to take reasonable steps to comply with his visa obligations. While the Tribunal acknowledged his anxiety and depression, it did not sufficiently explore how these conditions might have impaired his ability to act. The court reiterated the principle that a person's mental health can be a relevant factor in determining whether they have taken all reasonable steps to comply with a visa condition. Consequently, the Tribunal's decision was set aside.