Dorji v Minister for Immigration

The applicants, Mr. Dorji and his spouse, sought judicial review of a decision by the Minister for Immigration to refuse their Student temporary (class TU) (subclass 573) visa. The applicants had been in Australia for approximately five years, with the second applicant being a member of the first applicant's family unit. The Minister's decision was made pursuant to Ministerial Direction 53, which required consideration of the applicants' circumstances, immigration history, and incentives to remain in or depart from Australia.

The primary legal issue before the court was whether the Administrative Appeals Tribunal had erred in finding that the first applicant did not genuinely intend to stay in Australia temporarily. This involved assessing whether the Tribunal's findings regarding the applicant's enrolment history and academic progress, which indicated a lack of genuine student engagement, were open to it. The applicants also contended that their grounds of review lacked merit and failed to raise an arguable case for relief, particularly in identifying any jurisdictional error.

His Honour Judge Wilson found that the Tribunal's decision was open to it, having regard to the evidence before it concerning the first applicant's enrolment and progress. The court determined that the applicants had failed to identify any jurisdictional error or provide sufficient particulars to support their application for review. Consequently, the application was summarily dismissed.