RAMEEZ v Minister for Immigration

This matter concerned an appeal by the Applicant against a decision of the Administrative Appeals Tribunal (the Tribunal) affirming the Minister for Immigration's refusal to grant the Applicant a Student (Temporary) (Class TU) visa. The Applicant had been invited to a hearing before the Tribunal to present evidence and arguments, including specific documentation relating to his enrolment and a written statement addressing whether he was a genuine temporary entrant, referencing Direction No. 53. The Applicant requested a rescheduling of the hearing due to illness, which was granted, and a new hearing date was set. The Applicant attended the rescheduled hearing and provided a "Personal Statement." The Tribunal affirmed the refusal of the visa on 18 February 2015.

The primary legal issue before the Court was whether the Tribunal had failed to provide the Applicant with a copy of its decision and reasons in accordance with the requirements of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth). The Applicant contended that he had not received the Tribunal's decision record until 18 March 2015, which he argued impacted his ability to seek judicial review within the prescribed timeframes. The Court was required to determine the date on which the Applicant was properly notified of the Tribunal's decision.

The Court found that the Applicant had agreed in submissions before the Court that he had received the Tribunal's decision on 18 March 2015. This admission was determinative of the issue of notification. The Court applied the principle that a party's concession or agreement made during court proceedings is binding. Therefore, the Court concluded that the Applicant was notified of the Tribunal's decision on 18 March 2015.

The Court ordered that the application for judicial review be dismissed.