Alq17 v Minister for Immigration

The applicant, Alq17, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which refused an application for a Protection (Class XA) visa. The central dispute concerned the AAT's refusal of an oral adjournment request made by the applicant during the hearing. The matter came before the Federal Circuit and Family Court of Australia.

The court was required to determine whether the AAT had complied with its statutory obligations in refusing the adjournment, and whether the adverse credibility findings made by the Tribunal were open to it on the evidence before it. The applicant also invited the Court to engage in a merits review of the visa application.

Judge Street found that no jurisdictional error had been made out. The Tribunal's decision to refuse the adjournment was open to it, and its adverse credibility findings were open to it on the evidence. The Court reiterated that it was not a merits review body and could not substitute its own view for that of the Tribunal.

The application was accordingly dismissed.