RAJA v Minister for Immigration

The applicant, RAJA, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister for Immigration's decision to cancel RAJA's student visa. The cancellation was based on RAJA's failure to meet the requirements of visa condition 8202, which mandates satisfactory academic progress. RAJA had sought an adjournment of the AAT hearing to address mental health issues and potential hardship, but this request was refused. The matter came before Judge Riethmuller in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the AAT had acted legally unreasonably in refusing RAJA's request for an adjournment. This involved considering whether the AAT had properly exercised its discretion under section 359A of the *Migration Act 1958* (Cth), which allows the Tribunal to grant an adjournment if it is satisfied that it is in the interests of justice to do so. The court also had to determine if the AAT's refusal to grant an adjournment was so unreasonable that no tribunal, acting judicially, could have reached it.

Judge Riethmuller reasoned that the AAT's refusal to grant an adjournment was not legally unreasonable. The court noted that the AAT had considered the applicant's submissions regarding mental health and hardship, but found that these did not establish a compelling case for an adjournment, particularly in the context of the applicant's failure to meet academic requirements and the AAT's discretion to allow for lower-level studies. The judge concluded that the AAT's decision did not involve any matters of principle and that the refusal of the adjournment was within the bounds of its lawful discretion.

The application for judicial review was dismissed.