ASHFAQ v Minister for Immigration

The applicant, Mr Ashfaq, sought judicial review of a decision by the Migration Review Tribunal (the Tribunal) to refuse his application for a student visa. The Tribunal had found that clause 573.223 of Schedule 2 to the *Migration Regulations 1994* was not satisfied.

The central legal issue before the Federal Court was whether the Tribunal's decision was affected by jurisdictional error. This was alleged to have occurred because the Tribunal's refusal to grant the applicant an adjournment of his review constituted a miscarriage of discretion, rendering the subsequent decision to refuse the visa made without lawful power.

Justice Cameron considered the principles governing the exercise of discretion to grant an adjournment in administrative review proceedings. The court noted that while tribunals have a broad discretion to grant adjournments, this discretion must be exercised according to law and not arbitrarily. The applicant's request for an adjournment was based on his need to obtain further evidence to satisfy the visa criteria. However, the Tribunal had considered the available evidence and the applicant's submissions and concluded that an adjournment was not warranted. The court found that the Tribunal had properly considered the relevant factors in exercising its discretion and that its decision to refuse the adjournment did not amount to a jurisdictional error.

The application for judicial review was dismissed.