Karim v Minister for Immigration & Border Protection

The applicants, Mr and Mrs Karim, sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed a delegate's refusal to grant them further student visas (subclass 572). The visa applications were lodged on 24 May 2013, which was more than 28 days after their previous student visas expired on 24 April 2013. The delegate refused the visas on the basis that the applicants failed to satisfy clause 572.211(3)(c) of the Migration Regulations 1994, which requires applications to be made within 28 days of the last substantive visa ceasing.

The legal issues before the court were whether the MRT made a procedural mistake by failing to consider vital information provided by the applicants, and whether the applicants suffered injustice as a result of the MRT not taking into account this information. The applicants contended that the delay in lodging their application was due to the fault of a Department of Immigration officer who refused to accept their application when presented on 22 May 2013, and that if the application had been accepted then, they would have complied with the 28-day requirement.

Emmett J found that the MRT had correctly understood its role and the relevant regulations. The Tribunal had considered the applicants' submissions regarding the alleged interaction with the Department officer, but correctly concluded that it had no discretion to vary the clear requirements of clause 572.211(3)(c). The Tribunal's reasoning was that regardless of the circumstances leading to the late lodgement, it was the applicants' responsibility to ensure they satisfied the regulatory requirements for the visa grant. The court held that the MRT did not err in law by failing to take into account information that did not alter the legal requirements for the visa.

The application for judicial review was dismissed.