Aidoo (Migration)

The applicant, Mr. Aidoo, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning his application for a Visitor (Class FA) visa, subclass 600. The decision under review was one that had been remitted back to the Minister for reconsideration.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Minister's decision to refuse to grant Mr. Aidoo the visa was affected by jurisdictional error. Specifically, the court was required to determine if the delegate of the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing Mr. Aidoo's application.

Her Honour Judge Cranston found that the delegate had indeed made a jurisdictional error. The delegate had failed to adequately consider the applicant's submissions regarding his genuine intention to visit Australia for a period of three months for the purpose of tourism and to visit his family. The delegate's assessment of the applicant's financial capacity and ties to his home country was found to be based on an incomplete and therefore flawed understanding of the evidence presented. The court concluded that the delegate's reasoning did not sufficiently engage with the applicant's stated purpose for the visit and the evidence provided to support it.

Consequently, the court set aside the decision of the Minister and remitted the application for a Visitor (Class FA) visa, subclass 600, to the Minister for reconsideration according to law.