MAI v Minister for Immigration

The applicants, MAI and another, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning their Student (Temporary) (Class TU) visas. The core of the dispute revolved around whether the first applicant had met the enrolment criterion for the visa.

The primary legal issue before the Federal Court was whether the AAT had committed a jurisdictional error in its assessment of the enrolment criterion. The applicants contended that the AAT's decision was vitiated by such an error, leading to the dismissal of their visa applications.

Justice Kendall found that the AAT had correctly applied the relevant migration law and regulations to the facts before it. The Court determined that the first applicant had not satisfied the enrolment criterion as required by the legislation. Consequently, no jurisdictional error was identified, and the application for judicial review was dismissed.