Aziz v Minister for Immigration

The applicant, Mr Aziz, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Student (Temporary) (class TU) Higher Education Sector (subclass 573) visa. The core of the dispute concerned whether the delegate of the Minister had properly considered Mr Aziz's mental health in assessing his application, particularly in relation to section 359AA of the *Migration Act 1958* (Cth). The matter was heard in the Federal Circuit Court of Australia before Judge Mercuri.

The primary legal issue before the Court was whether the delegate's assessment of Mr Aziz's mental health was procedurally unfair or otherwise unlawful. Specifically, the Court was required to determine if the delegate had failed to take into account relevant considerations, namely the applicant's mental health condition, when making the decision to refuse the visa.

Judge Mercuri found that the delegate had failed to properly consider the information provided by Mr Aziz regarding his mental health. The Court reasoned that section 359AA of the *Migration Act* requires a delegate to consider all relevant information, and that the applicant's mental health was a relevant consideration in this instance. The delegate's approach, which appeared to dismiss or inadequately address the mental health concerns raised, was found to be a failure to undertake the required assessment. Consequently, the application for judicial review was dismissed.