Cooray v Minister for Immigration

This matter concerned an application for judicial review brought by the Applicants, led by the First Applicant, against the Minister for Immigration. The dispute arose from the Administrative Appeals Tribunal's decision on 13 July 2018, which affirmed a delegate's refusal to grant the Applicants visas. The Applicants sought judicial review of this decision in the Federal Court.

The primary legal issues before the Court were whether the Tribunal erred in its decision to determine the application on the papers without a further hearing, and whether the Tribunal correctly found that the First Applicant had failed to satisfy the enrolment requirements under Clause 572.222 of the Regulations, thereby leading to the refusal of the visa applications for all Applicants. The Applicants also sought an interlocutory order to add a sixth applicant, born after the Tribunal's decision, to the proceedings.

Judge Blake's reasoning focused on the Tribunal's procedural steps. The Tribunal had repeatedly requested information from the Applicants, including a current certificate of enrolment, pursuant to section 359A of the *Migration Act 1958*. When these requests, made on 6 April, 18 May, and 4 June 2018, were not substantively answered, the Tribunal found that the Applicants were not entitled to appear before it and proceeded to decide the matter on the papers. The Tribunal then found that the First Applicant had not provided the required certificate of enrolment, thus failing to meet the criteria of Clause 572.222, and consequently, the other Applicants, as members of the same family unit, also did not meet the relevant criteria.

The Court ultimately affirmed the Tribunal's decision. The application for judicial review was dismissed.