Akram (Migration)

The Administrative Appeals Tribunal (the Tribunal) affirmed a decision of the Minister to refuse Mr Akram a Student (Temporary) (Class TU) visa (subclass 500). Mr Akram sought judicial review of the Tribunal's decision in the Federal Court of Australia.

The primary legal issue before the Federal Court was whether the Tribunal had erred in law by failing to consider, or adequately consider, evidence relating to Mr Akram's enrolment status as recorded in the Provider Registration and International Student Management System (PRISMS) database. This evidence was crucial to determining whether Mr Akram met the eligibility requirements for the visa.

The Court found that the Tribunal had indeed failed to properly consider the PRISMS data, which was a material consideration in assessing Mr Akram's application. The Tribunal's reliance on other evidence without adequately addressing the PRISMS record constituted an error of law. Consequently, the Court quashed the Tribunal's decision.

The matter was remitted to the Administrative Appeals Tribunal for redetermination according to law.