Huynh v Minister for Immigration

Huynh (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) which refused to grant her a partner visa. The central dispute concerned whether the applicant had standing before the MRT, and consequently, whether the procedural requirements of the *Migration Act 1958* (Cth) applied to her situation.

The court was required to determine two primary legal issues. Firstly, whether the applicant possessed the necessary standing to be considered a "review applicant" for the purposes of the *Migration Act*. Secondly, if she did not have standing, whether the MRT had nonetheless acted unreasonably in its consideration of her application, despite her lack of formal standing.

Justice Driver reasoned that the definition of a "review applicant" under the *Migration Act* was specific and did not extend to individuals who had not met the preliminary requirements for review. Consequently, the procedural obligations imposed by the Act on the MRT in relation to review applicants did not apply to Huynh. The court found that the MRT had not acted unreasonably because its obligations were contingent upon the applicant having the status of a review applicant, which she did not.

The application filed on 14 February 2014 was dismissed.