Mohammed v Minister for Immigration

The Federal Circuit Court of Australia heard an application by Mr Mohammed against the Minister for Immigration, seeking review of a decision made by the Migration Review Tribunal. The dispute concerned the refusal of Mr Mohammed's application for a Student (Temporary) (Class TU) visa.

The primary legal issue before the Court was whether the Migration Review Tribunal had committed a jurisdictional error in its assessment of Mr Mohammed's visa application. This involved determining whether the Tribunal had correctly applied the principles of substantial compliance in relation to the applicant's obligations. A secondary issue was an application by Mr Mohammed to transfer the matter to the Federal Court of Australia.

Judge Street found that the Migration Review Tribunal had not made a jurisdictional error. The Tribunal's assessment of substantial compliance was open to it on the evidence before it, and its decision was therefore within its jurisdiction. Consequently, the application to transfer the matter to the Federal Court was dismissed.