Ahmed v Minister for Immigration

Ahmed (the applicant) sought judicial review of a decision by the Migration Review Tribunal (the Tribunal) which affirmed the delegate of the Minister for Immigration's refusal to grant him a student visa. The applicant had arrived in Australia in 2012 to study IT courses but failed to complete them. Following a hand injury, he enrolled in a commercial cookery course. The delegate was not satisfied that the applicant intended to remain in Australia temporarily, leading to the visa refusal, a decision the Tribunal upheld on the same ground.

The central legal issue before the court was whether the applicant had been afforded procedural fairness, specifically whether the Tribunal had failed in its duty to invite medical experts to review his medical condition. The applicant contended that such a failure constituted a breach of natural justice.

Judge A Kelly found that the Tribunal was under no general duty to invite medical experts to review the applicant's medical condition. The court reasoned that the Tribunal had actively engaged in its consideration of the merits of the application, including the applicant's medical circumstances, and had not acted unfairly. The applicant's application was therefore dismissed.