Mallik v Minister for Immigration

In *Mallik v Minister for Immigration*, the applicant sought judicial review of a decision made by the Migration Review Tribunal (MRT). The dispute concerned the applicant's student visa application and whether the MRT had properly discharged its duties in considering the applicant's circumstances at the time of its decision.

The primary legal issues before the court were whether the applicant was enrolled in a course of study at the time the MRT made its decision, and whether the MRT had fulfilled its duty to the applicant at the point the applicant provided advice regarding a conditional offer of admission.

Judge Lucev considered the timing of the applicant's enrolment and the MRT's obligations. The court reasoned that the MRT's duty extended to considering the applicant's circumstances as they stood at the time of the MRT's decision. The court found that the applicant's enrolment status was a crucial factor in the MRT's assessment, and the MRT was required to have regard to this information when making its determination. The court applied principles of administrative law concerning the duty of tribunals to act fairly and to consider all relevant information before them.

The court found that the MRT had failed to properly discharge its duty in this regard. Consequently, the MRT's decision was set aside.