Mubashir (Migration)

The applicant, Mubashir, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of his application for a Temporary Graduate (Subclass 485) visa. The Department of Home Affairs had refused the visa application because the applicant failed to provide evidence of completion of a specified qualification at the time of application. The applicant subsequently provided a statement of completion to the AAT.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by failing to consider the statement of completion provided by the applicant, which indicated he had met the qualification requirement. The court was required to determine if the AAT's reliance on the absence of evidence at the time of the Department's decision, without adequately considering the later-provided evidence, constituted a reviewable error.

Justice Dougall found that the AAT had erred in law. The Tribunal was required to conduct a fresh consideration of the applicant's eligibility for the visa, which included considering all relevant evidence before it, including the statement of completion. By failing to give proper weight to this evidence, the AAT had not undertaken the de novo review mandated by the Migration Act 1958 (Cth). The court therefore set aside the AAT's decision.

The matter was remitted to the Administrative Appeals Tribunal for redetermination according to law.