Ahmed v Minister for Immigration

The applicant, Ahmed, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Delegate of the Minister for Immigration's refusal to grant him a Student (Class TU) (Subclass 573) visa. The AAT had not been satisfied that Ahmed was a genuine applicant for entry and stay temporarily as a student.

The primary legal issue before the court was whether the AAT had committed any jurisdictional error in its decision-making process. The applicant did not identify any specific jurisdictional error. The Minister, acting as a model litigant, referred to the decision in *Raza v Minister for Immigration & Border Protection* (2017) 322 FLR 1, which concerned a similar student visa application where the AAT had failed to comply with Ministerial Direction No. 53 by not considering the applicant's circumstances in their home country.

Justice Dowdy found that the AAT's decision in Ahmed's case was distinguishable from the decision in *Raza*. The court concluded that the AAT had complied with Ministerial Direction No. 53 and had properly considered the applicant's circumstances. Consequently, no jurisdictional error was identified.

The application for judicial review was dismissed.