Bhasker v Minister for Immigration and Multicultural Affairs

In Bhasker v Minister for Immigration and Multicultural Affairs, the applicant, Bhasker, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which upheld a decision by a delegate not to grant her a Student (Temporary) (Class TU) (Subclass 500) visa. The dispute centered on whether the AAT had erred in failing to genuinely consider Direction 69 in its decision-making process. The matter was heard by the Federal Circuit and Family Court of Australia, which has jurisdiction under the Migration Act to review decisions made by the AAT and other migration-related decision-makers.

The primary legal issue the court had to decide was whether the AAT had committed a jurisdictional error by not properly considering Direction 69, which provides guidance on assessing applications for student visas. The court had to examine whether the AAT's failure to consider Direction 69 had a material impact on the decision, meaning that there was a realistic possibility that the outcome could have been different had the AAT properly considered the direction.

The court found that the AAT had not erred in its consideration of Direction 69. The AAT had thoroughly reviewed the evidence and provided detailed reasons for its decision, which included the applicant's credibility, her intentions to stay in Australia temporarily, and her ties to India. The court determined that the AAT's decision was not affected by jurisdictional error and that the AAT had properly exercised its discretion under the Migration Regulations. Consequently, the court dismissed the applicant's application for judicial review.

The court's final order was that the application for judicial review was dismissed. The Minister submitted that costs of $5,600 should be awarded against the applicant, which was less than the scale amount. The court considered this submission and ordered the costs as requested by the Minister.