Minister for Immigration and Citizenship v Lu

The case of Minister for Immigration and Citizenship v Lu involved a dispute regarding the cancellation of a higher education visa and the subsequent application for a permanent residence visa by the applicant, Lu, who was complicit in a bribery proposal to reverse the cancellation decision. The matter was heard in the High Court of Australia. The primary legal issues revolved around whether the Tribunal's exercise of jurisdiction was disabled due to Lu's involvement in the bribery scheme and whether the Federal Magistrates Court erred in granting relief to Lu.

The High Court found that Lu's personal circumstances, although tragic, did not outweigh her involvement in the corrupt scheme. The Court emphasised that knowing participation in an endeavour to pervert legal or administrative processes generally precludes relief. The Court further distinguished this case from previous decisions by noting that Lu's migration agent's inaction, while significant, did not equate to fraud on the Tribunal or on Lu herself. The Court held that the Tribunal's process followed naturally from Lu's decision not to respond to the Tribunal's invitation and did not stultify its obligation to afford her natural justice.

Consequently, the Court allowed the Minister's appeal, set aside the orders of the Federal Magistrates Court, and dismissed Lu's application for review of the Tribunal's decision. The Court also ordered that Lu pay the Minister's costs and that the Minister pay the costs of the appeal.