Acharya v Minister for Immigration

Acharya (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the cancellation of his Student (Temporary) (class TU) Higher Education Sector (subclass 573) visa. The application was heard in the Federal Circuit Court of Australia by Judge Street.

The primary legal issues before the Court were whether the Tribunal had made jurisdictional error by confusing the evidence before it, by failing to take into account relevant and logical material, or by making adverse findings that were not open to it on the evidence presented.

Judge Street found that the Tribunal had not made jurisdictional error. The Court was satisfied that the Tribunal had properly considered the evidence before it and that its adverse findings were open to it on that evidence. The applicant's arguments regarding confusion of evidence and the exclusion of relevant material were not substantiated.

The application for judicial review was therefore dismissed.