Lu v MIAC

Lu and another (referred to as the applicants) brought proceedings against the Migration and Immigration Appeals Tribunal and another (referred to as the respondents) seeking review of decisions made by the AAT concerning their applications for visas. The applicants challenged the AAT’s decisions on the basis that they were flawed, and the Federal Court was asked to issue writs in the nature of certiorari and mandamus to quash the AAT’s decisions and to compel the AAT to re-determine the applicants’ visa applications. The court had to determine whether the AAT had made jurisdictional or other errors in reaching its decisions, and whether the court should issue the requested writs. The court found that the AAT had indeed made jurisdictional errors in reaching its decisions and concluded that the applicants had demonstrated that the AAT had failed to consider material information and had not exercised its discretion in accordance with the law. As a result, the court quashed the AAT’s decisions and ordered the AAT to re-determine the applicants’ visa applications. The court found that the AAT had not adequately considered the evidence and had failed to exercise its discretion in accordance with the law. The court held that the AAT’s decisions were therefore flawed and that the applicants were entitled to the relief sought.