Cahyadi v Minister for Immigration

In *Cahyadi v Minister for Immigration*, the applicant sought judicial review of a delegate of the Minister's decision to deem their application for a family sponsored visa invalid. The invalidity arose because the applicant was onshore in Australia at the time the visa application was lodged. The respondent, the Minister for Immigration, filed an Application in a Case seeking dismissal of the judicial review application pursuant to rule 13.10 of the Federal Circuit Court Rules 2001 (Cth), arguing that the applicant had no reasonable prospects of success.

The central legal issue before Judge Nicholls was whether the applicant's onshore application for a family sponsored visa was valid, or if it was correctly deemed invalid by the delegate of the Minister. This required the Court to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the validity of visa applications, particularly in circumstances where the applicant is in Australia at the time of lodgement.

Judge Nicholls reasoned that the Migration Act and Regulations clearly stipulate that certain visa applications, including the family sponsored visa in question, must be made when the applicant is outside Australia. As the applicant was onshore when they lodged their application, it was therefore invalid from the outset. Consequently, the Court found that the applicant had no reasonable prospects of success in their application for judicial review. The Minister's Application in a Case was allowed, and the judicial review application was dismissed.