BAE v Minister for Immigration

BAE and others (the applicants) sought judicial review of a decision by the Migration Review Tribunal (the Tribunal) which refused to grant them a Student (Temporary) (Class TU) visa. The applicants contended that the Tribunal had committed jurisdictional error in its decision-making process.

The primary legal issues before the Federal Court were whether the Tribunal had complied with its obligations under section 359AA of the *Migration Act 1958* (Cth), whether it had failed to take into account relevant evidence, and whether it had misconstrued the meaning of "a current offer of enrolment in any applicable course of study" as required by the relevant visa provisions.

Judge Manousaridis found that the Tribunal had not committed jurisdictional error. The Court reasoned that the Tribunal had adequately considered the evidence before it and had correctly interpreted the requirement for a current offer of enrolment. The Tribunal's decision was therefore upheld.