BASYAL v Minister for Immigration and Anor

BASYAL applied to the Administrative Appeals Tribunal (AAT) for review of a decision to refuse her application for a Student (Temporary) (class TU) Higher Education Sector (subclass 573) visa. The applicant contended that the AAT had failed to consider her claims regarding compelling and exceptional circumstances, and that she had been denied procedural fairness and natural justice, thereby committing jurisdictional error.

The central legal issues before the Court were whether the AAT had adequately considered the applicant's submissions concerning compelling and exceptional circumstances, and whether the AAT's conduct amounted to a denial of procedural fairness or natural justice, constituting jurisdictional error.

Judge Humphreys found that the AAT had indeed considered the applicant's claims regarding compelling and exceptional circumstances, as evidenced by the Tribunal's reasons for decision. The Court determined that the applicant had been afforded procedural fairness and natural justice, and therefore, no jurisdictional error had been made out. Consequently, the application was dismissed.