Fairy v Minister for Immigration

The applicant, Fairy, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which held it had no jurisdiction to consider an application for review due to the non-payment of a prescribed fee. The Minister for Immigration was the first respondent. The matter came before Judge Manousaridis of the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant had raised an arguable case for relief, as required by rule 44.12(1)(a) of the *Federal Circuit Court Rules 2001* (Cth) for an application to dismiss the judicial review proceedings.

His Honour determined that the applicant had indeed raised an arguable case for relief. Consequently, the application to dismiss the judicial review was adjourned for a final hearing. The first respondent was ordered to show cause why the relief claimed by the applicant should not be granted.