ACH15 v MIBP

The applicant, ACH15, sought judicial review of a decision by the Migration Review Tribunal (MRT) to cancel their bridging visa. The cancellation was based on allegations of criminal conduct. The matter came before Judge Smith in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the MRT had properly understood and applied Direction No. 63, issued under section 499 of the *Migration Act 1958* (Cth), in its consideration of the applicant's case. Specifically, the court was required to interpret the meaning of the word "rigorously" within the context of the Direction and determine if the Tribunal's interpretation and application of this term constituted a jurisdictional error.

Judge Smith found that the MRT had misunderstood the meaning of "rigorously" as used in Direction No. 63. The court reasoned that the Tribunal's interpretation did not align with the intended meaning of the Direction, which required a more thorough and stringent examination of the evidence. This misinterpretation meant that the Tribunal's decision was affected by jurisdictional error.

Consequently, Judge Smith issued writs of certiorari and mandamus, quashing the MRT's decision and requiring the MRT to reconsider the application according to law.