Kaur v Minister for Immigration

The Federal Magistrates Court of Australia considered an application by Rajwinder Kaur against the Minister for Immigration and Citizenship and the Migration Review Tribunal. Kaur sought to review the Tribunal’s decision to affirm the delegate’s refusal to grant her a Student (Temporary) (Class TU) visa. Kaur, an Indian citizen, had applied for the visa in May 2011 after her Higher Education Sector visa expired. The Tribunal held a hearing in her absence and affirmed the delegate’s decision, leading Kaur to argue that she was denied a fair hearing.

The legal issues before the court were whether the Tribunal erred by not sending an effective hearing invitation to Kaur or her new migration agent, whether the Tribunal incorrectly assumed that Kaur would not have access to funds to satisfy the visa requirements, and whether the Tribunal failed to consider that Kaur had already paid her course fees and living expenses. The court had to determine whether the Tribunal’s decision was lawful and if Kaur's rights were properly considered.

O'Dwyer FM found that the Tribunal had complied with the statutory requirements for service of documents, and thus the failure to receive notice did not invalidate the Tribunal's decision. The court also held that the Tribunal was correct in finding that the funds offered by Kaur were not from an acceptable source as they were secured by term deposits that would mature before the visa period ended. The court concluded that the Tribunal did not make an error in its decision and dismissed Kaur’s application with costs.

The court ordered that Kaur pay the costs of the first respondent fixed in the sum of $6,417.