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

Street J of the Federal Circuit Court considered an application by the applicant seeking review of a decision by the Administrative Appeals Tribunal. The Tribunal had determined it lacked jurisdiction to review the cancellation of the applicant's Student Temporary (Class TU) visa, which had been made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant's visa was cancelled on 23 August 2018, and departmental records indicated the applicant had departed Australia on 22 August 2018, meaning they were outside the migration zone at the time of cancellation.

The central legal issue before the Court was whether the Tribunal had erred in finding it lacked jurisdiction. Specifically, the Court had to determine if the applicant's departure from the migration zone prior to the visa cancellation precluded the Tribunal from exercising its review jurisdiction, and if any of the applicant's arguments raised an arguable case of jurisdictional error by the Tribunal. The applicant also sought to raise issues concerning the delegate's original decision and compelling compassionate circumstances, which were presented as grounds for the Tribunal to have jurisdiction.

Street J reasoned that the Tribunal correctly identified that it had no jurisdiction if the applicant was outside the migration zone at the time of the cancellation decision. The Court found that the applicant's arguments regarding the delegate's alleged error were irrelevant to the question of the Tribunal's jurisdiction. Furthermore, the Court held that the applicant's personal circumstances, including trauma, health issues, and financial difficulties, could only be considered if the Tribunal had jurisdiction, which it did not. The Court concluded that nothing presented by the applicant identified any arguable jurisdictional error by the Tribunal, and the Court itself had no power to determine the matter on compassionate or discretionary grounds.

The Court ordered that the applicant show cause why the proceeding should not be dismissed for failing to disclose an arguable case of jurisdictional error. Having considered the applicant's submissions and affidavit, the Court found no arguable jurisdictional error.