Kaur v Minister for Immigration

The applicants, Ms Kaur and her spouse, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the Minister for Immigration's refusal to grant them a student visa. The primary issue concerned Ms Kaur's enrolment in a course of study, which was a prerequisite for the visa. The applicants contended that they were denied procedural fairness by the AAT.

The court was required to determine whether the AAT's decision was affected by jurisdictional error, specifically whether the applicants were afforded procedural fairness. This involved examining whether the AAT adequately considered the material before it and provided the applicants with a sufficient opportunity to present their case, particularly in relation to Ms Kaur's enrolment status.

Justice Kendall found that the AAT had not committed jurisdictional error. The AAT had considered the available evidence regarding Ms Kaur's enrolment and had provided the applicants with an opportunity to respond to concerns raised. The court concluded that the AAT's decision was open to it on the evidence and that the applicants' procedural fairness arguments lacked merit.

Consequently, the application for judicial review was dismissed.