Bhuiyan v Minister for Immigration

The applicant, Mr. Abdul Karim Bhuiyan, a citizen of Bangladesh, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the cancellation of his subclass 186 Employer Nomination Scheme Visa. The visa had been cancelled by a delegate of the Minister for Immigration on the grounds that Mr. Bhuiyan had provided incorrect information in his visa application, specifically by failing to disclose that he had previously entered Australia under the name Nazmul Karim.

The primary legal issue before the court was whether the AAT had erred in law in finding that Mr. Bhuiyan was the same person as Nazmul Karim, and consequently, had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect answers in his visa application. This involved determining whether the evidence relied upon by the AAT, including a facial comparison analysis and inconsistencies in Mr. Bhuiyan's evidence regarding his education history and family, was sufficient to support its conclusion.

Emmett J reasoned that the AAT's finding that the applicant was the same person as Nazmul Karim was supported by several factors. These included the Department's identity and facial comparison analysis, which indicated that the applicant and Nazmul Karim were the same person. Furthermore, the AAT found Mr. Bhuiyan's evidence regarding his education history to be inconsistent and unsubstantiated by documentary evidence, leading to a finding that he was not truthful about his educational background. The AAT also considered Mr. Bhuiyan's explanations regarding his stepbrother and half-brothers to be vague and lacking in detail. The court noted that the AAT's conclusion was based on information provided by the applicant to the Tribunal for the purposes of his review, which was therefore not excluded from consideration by section 359A of the Act.

The application for judicial review was dismissed.