Mako v Minister for Immigration

The applicant, Mako, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning an application for an Other Family (Residence) (Class BU) visa and a subsequent application for reinstatement. The Minister for Immigration was the respondent. The core of the dispute revolved around whether the AAT had failed to exercise its jurisdiction or carry out its statutory task by not giving proper, genuine, and realistic consideration to the merits of Mako's claims.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had made a jurisdictional error in its handling of Mako's visa application and subsequent request for reinstatement. This required the court to determine if the Tribunal had adequately considered the substantive claims put forward by the applicant, thereby fulfilling its statutory obligations.

Judge Humphreys found that the AAT had not made a jurisdictional error. The reasoning applied was that the Tribunal had, in fact, given proper, genuine, and realistic consideration to the merits of Mako's claims. Consequently, the application for reinstatement was denied, and the overall application was dismissed.