Morsed v Minister for Immigration & Multicultural & Indigenous Affairs

In the case of Morsed v Minister for Immigration & Multicultural & Indigenous Affairs, the appellant, Mr Morsed, appealed against the Federal Magistrate's dismissal of his application for judicial review of the Migration Review Tribunal's decision. The Tribunal had upheld a decision by a delegate of the Minister for Immigration & Multicultural & Indigenous Affairs not to revoke the cancellation of Mr Morsed's student visa. Mr Morsed, a citizen of Bangladesh, had his student visa cancelled after failing to meet the attendance and academic performance requirements set out in the visa conditions. The key issue before the court was whether the Tribunal had correctly exercised its jurisdiction and whether it had properly considered the evidence and applicable law.

The court examined whether the Tribunal had properly applied the relevant statutory provisions and whether its decision was legally sound. It was found that the Tribunal had failed to properly consider whether the decision of the delegate was unreasonable. The court held that the Tribunal had not considered whether the delegate's decision was unreasonable in the Wednesbury sense, which required the Tribunal to engage in a process of reasoned analysis. The court found that the Tribunal's decision was flawed as it did not address the requirement to review the reasonableness of the delegate's decision.

The court allowed the appeal and set aside the orders of the Federal Magistrates Court. It quashed the decision of the Migration Review Tribunal and ordered the Tribunal to review the delegate's decision according to law. The court also ordered that the costs of the appeal be paid by the Minister.