Fernandez v MIBP

This matter came before Judge Street of the Federal Circuit Court of Australia. The applicant, Mr Fernandez, sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the refusal of his visa application. The core of the dispute concerned whether the MRT had adequately considered Mr Fernandez's claims, particularly his request for the Tribunal to support an application for Ministerial intervention.

The legal issues before the Court were whether the MRT had failed to properly consider the applicant's submissions, specifically in relation to his claims of financial dependency and his request for support for Ministerial intervention. Mr Fernandez's legal representative argued that the Tribunal's finding that no further submissions were provided after the hearing was factually incorrect, and that this error indicated a broader failure to engage with the applicant's case.

Judge Street noted that the Tribunal member had indeed acknowledged the applicant's submissions, including those made in a letter dated 2 February 2015, and had summarised them in paragraph 32 of its decision. The Tribunal member also explicitly addressed the possibility of Ministerial intervention, stating that while the applicant's personal circumstances might not be directly actionable under the law, they could be considered for special intervention by the Minister. The Tribunal member indicated that they could refer the matter to the Minister for intervention, or that the applicant could make his own application, and that a referral from the Tribunal might lend weight to the Minister's consideration. The Court found that the Tribunal had regard to the applicant's submissions and the possibility of Ministerial intervention, and therefore did not err in law.