ZHAO (Migration)

The applicant, Mr Zhao, sought judicial review of the decision of the delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to affirm the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to maintain enrolment in a registered course and his limited academic progress.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate's decision to affirm the visa cancellation was affected by jurisdictional error. This involved considering whether the delegate had properly exercised their discretion under the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), particularly in relation to the applicant's circumstances, including his lengthy wait for enrolment following visa cancellation and his continued employment in Australia.

The Court found that the delegate had failed to adequately consider the applicant's submissions regarding his efforts to re-enrol and the impact of the cancellation on his employment. The delegate's reasoning did not sufficiently engage with the specific circumstances presented by the applicant, leading to a conclusion that the decision was affected by jurisdictional error. The Court applied the principles of administrative law, requiring that a decision-maker must genuinely consider all relevant material and provide adequate reasons for their decision.

Consequently, the Court set aside the delegate's decision and remitted the matter to the Minister for redetermination according to law.