Magar v Minister for Immigration

The applicant, Magar, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to refuse a student visa. The Minister for Immigration was the respondent. The core of the dispute concerned alleged errors in the AAT's decision-making process, specifically regarding the delay in providing written reasons for an oral decision and the characterisation of a criterion for the visa.

The Federal Court was required to determine whether the AAT had committed jurisdictional error. This involved considering whether the delay in providing written reasons constituted a breach of section 359A of the *Migration Act 1958* (Cth) and, if so, whether such a breach amounted to jurisdictional error. The Court also had to assess whether the AAT's statement regarding a criterion for the visa sought was an error that went to jurisdiction.

Justice Driver found that while there was a delay in the AAT providing its written reasons, this delay did not amount to a breach of section 359A in a manner that would vitiate the decision. The Court reasoned that the substantive decision had been made and communicated orally, and the subsequent delay in furnishing the written reasons, while undesirable, did not deprive the AAT of its jurisdiction. Furthermore, the alleged error in stating a criterion for the visa was not considered to be an error of law that went to jurisdiction.

The application for judicial review was dismissed.