Munir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to refuse a student visa (class TU, subclass 572). The applicant, who had been in Australia on various visas since 2011 and had completed several courses, including a Bachelor of Commerce (Accounting), was refused the visa by the Tribunal. The Tribunal was not satisfied that the applicant was a genuine temporary entrant for the purpose of study.

The applicant sought judicial review on six grounds, primarily arguing that the Tribunal failed to consider relevant material and that its conclusion was not open to it. One specific ground concerned the relevance of the applicant's chosen course of study, a Graduate Diploma of Management, to his previous studies in commerce and accounting. The applicant contended that this postgraduate qualification was directly related to his prior academic background, and that he had not argued for the relevance of a subsequent Diploma of Tourism and Management.

The Court found that the Tribunal had not failed to take into account relevant material and that its conclusion was open to it. The Court reasoned that the applicant's arguments on this ground were unsuccessful. Consequently, as all grounds of the application were found to be unsuccessful, the Court dismissed the application. The applicant was ordered to pay the First Respondent's costs fixed at $7,467.00.