Arora v Minister for Immigration

Arora (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the cancellation of his student visa. The cancellation was based on the applicant having breached a condition of his visa that limited his working hours. The applicant contended that the MRT had committed a jurisdictional error in its review of the cancellation decision.

The primary legal issue before the Federal Circuit Court was whether the MRT had made a jurisdictional error in its assessment of the applicant's case. Specifically, the court was required to determine if the MRT's findings regarding the breach of the visa condition were legally sound and if the Tribunal had properly applied the relevant migration law in reaching its conclusion.

Judge Driver found that the MRT had not committed a jurisdictional error. The court reasoned that the MRT had correctly identified the relevant visa condition and had applied the correct legal test to determine whether the applicant had breached that condition. The evidence before the MRT supported its finding that the applicant had worked in excess of the permitted hours, and the Tribunal's decision was therefore within its jurisdiction. The application for judicial review was dismissed.