Marasi v Minister for Home Affairs

The applicant, Marasi, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the delegate of the Minister for Home Affairs' refusal to grant a Student (Temporary) (Class TU) (Subclass 500) Vocational Education and Training Sector visa. The AAT had not been satisfied that the applicant was a genuine applicant for entry and stay temporarily as a student.

The central legal issue before the court was whether the AAT's requests for the applicant to provide a copy of the delegate's Decision Record were made for an improper purpose and were therefore unauthorised by section 359 of the *Migration Act 1958* (Cth). The applicant contended that these requests constituted a jurisdictional error.

Dowdy J found that the applicant had failed to establish that the AAT's requests were made for an improper purpose. The court held that section 359 of the *Migration Act* grants the AAT a broad power to obtain information relevant to its review function, and the requests made in this instance fell within that general power. Consequently, no jurisdictional error was established.

The application for judicial review was dismissed.