Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the case of Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the appellant, Mr Ali, appealed against a decision of the Federal Circuit and Family Court of Australia which dismissed his application for judicial review of a decision of the Administrative Appeals Tribunal. The dispute centred on the interpretation of the 'Australian study requirement' under the Migration Regulations 1994 and whether the completion of a tertiary qualification occurs when the university’s board of examiners ratifies the course of study or when the final unit of study is assessed as satisfactory by an academic supervisor.

The court had to determine whether the Tribunal and the primary judge correctly assessed the date on which Mr Ali completed his degree for the purpose of the Australian study requirement. The statutory provisions required that the applicant’s study satisfied the Australian study requirement in the period of 6 months ending immediately before the day the application was made. The court examined the evidence that Mr Ali's final academic result was released on 27 February 2018, and he was informed by his academic supervisor that he had passed the unit on the same day he completed his exam. The court found that neither the Tribunal nor the primary judge properly engaged with these aspects of the case. It held that the Tribunal had misinterpreted the statutory scheme by relying on the university's nomination of the completion date instead of determining whether Mr Ali's study was adjudged satisfactory on or before 26 February 2018.

The court concluded that the appeal should be allowed, and the matter should be remitted to the Tribunal for further determination on the question of when Mr Ali's study was adjudged satisfactory. The Federal Circuit and Family Court of Australia set aside the orders made by the primary judge and ordered that the application be allowed, the decision of the Tribunal be set aside, and the application for review be remitted to the Tribunal for hearing and determination according to law. Additionally, the court ordered that the Minister pay the costs of the appellant and the costs of the appeal.