DEVKOTA v Minister for Immigration

The applicant, DEVKOTA, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning an application for a Student (Temporary) (Class TU) visa. The Minister for Immigration was the first respondent. The dispute centred on whether the AAT had denied the applicant procedural fairness, failed to consider relevant information, made an irrational or unreasonable decision, or taken into account irrelevant considerations. The matter came before Judge Street.

The primary legal issues before the Court were whether the AAT had committed jurisdictional error by failing to afford the applicant procedural fairness, by not considering information relevant to the visa application, by making a decision that was irrational or unreasonable, or by taking into account considerations that were irrelevant to the determination of the visa application.

Judge Street found that no jurisdictional error had been made out. The Court dismissed the applicant's application, finding that the AAT had not acted in a manner that would vitiate its decision. The oral application for an adjournment made by the applicant was also dismissed. The applicant was ordered to pay the first respondent's costs fixed at $5,000.00.