Basnet v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the Minister's delegate's refusal to grant the applicant a Student (Temporary) (Class TU) (subclass 500) visa. The applicant had failed to appear at a hearing before the AAT. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue before the Federal Circuit Court was whether the AAT had made a jurisdictional error in affirming the delegate's decision to refuse the visa, particularly in light of the applicant's non-attendance at the AAT hearing.

Judge Young found that no jurisdictional error had been made out. The court applied the principles of administrative law concerning the requirements for jurisdictional error, noting that the applicant's failure to attend the AAT hearing, without a sufficient explanation provided to the AAT, did not vitiate the Tribunal's decision-making process. The court concluded that the AAT had acted within its powers.

Consequently, the application for judicial review was dismissed. The applicant was ordered to pay the First Respondent's costs in the fixed sum of $7,467. The applicant was granted liberty to apply to set aside these orders within 28 days of receiving a sealed copy, provided they filed an application and affidavit explaining their reasons for non-attendance at court.