RAI v Minister for Immigration

The applicants sought judicial review of a decision by the Migration Review Tribunal (MRT) to refuse an adjournment of their hearing concerning applications for Student (Temporary) (Class TU) (Subclass 572) visas. The primary dispute centred on whether the Tribunal had afforded the applicants a proper opportunity to be heard, as required by section 353 of the *Migration Act 1958* (Cth).

The court was required to determine whether the refusal to grant an adjournment constituted jurisdictional error. This involved considering whether the applicants were denied a fair hearing or a proper opportunity to present their case, particularly in light of their request to file and rely upon a proposed amended application.

Judge Blake found that no jurisdictional error had been established. The court granted the applicants leave to file and rely on their amended application, but ultimately dismissed the amended application. The applicants were ordered to pay the First Respondent's costs.