AHMED BIN MOHAMMAD (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant, AHMED BIN MOHAMMAD, sought judicial review of the Tribunal's decision.

The primary legal issue before the court was whether the Tribunal erred in its decision-making process by not holding a hearing, despite having sufficient material to make a favourable finding for the applicant under section 360(2)(a) of the Migration Act 1958 (Cth). The court was required to determine if the Tribunal's reliance on the existing material, without a hearing, was a lawful exercise of its powers.

The Tribunal concluded that a hearing was not necessary as it could find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Act. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations.