Min (Migration)

The applicant, Min, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of her Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal had affirmed the delegate's decision to refuse the visa.

The primary legal issues before the Federal Circuit and Family Court of Australia were whether the applicant had been afforded procedural fairness, specifically whether she was entitled to a hearing, and whether the Tribunal had erred in finding that the genuine temporary entrant criterion was not met. The court also considered whether the applicant's current lack of enrolment was a relevant factor in assessing her genuine temporary entrant status.

The court reasoned that the applicant had failed to provide requested information to the delegate, which meant she was not entitled to a hearing before the Tribunal. Furthermore, the Tribunal's finding that the genuine temporary entrant criterion was not met was open to it on the evidence before it, including the applicant's failure to provide requested information and her current enrolment status. The court found no error of law in the Tribunal's decision.

The application for judicial review was dismissed.