Ruykys v Minister for Immigration and Multicultural and Indigenous Affairs

In the case of Ruykys v Minister for Immigration and Multicultural and Indigenous Affairs, the court examined the eligibility of Laura Ruykys for a Close Ties visa under the Migration Act 1958 (Cth). Ms Ruykys, who has lived in Australia since she was eight years old and has completed her schooling in Australia, sought to remain in the country permanently. The central legal issue revolved around the interpretation of regulation 832.212(4)(a) and whether it required Ms Ruykys to have ceased holding a visa before turning 18 or simply at some time prior to turning 18. The court also had to determine if the Tribunal's misinterpretation of the law constituted a jurisdictional error, which would permit the court to set aside the Tribunal’s decision.

The court concluded that the phrase "before turning 18" in the regulation should be given its ordinary meaning, implying that Ms Ruykys needed to cease holding a visa prior to turning 18, not necessarily at the exact moment of turning 18. The court held that the Tribunal's error in interpreting the regulation was a jurisdictional error, as it misconstrued the applicable law, leading to an incorrect conclusion about Ms Ruykys’ eligibility. This error was deemed fundamental, as it caused the Tribunal to address the wrong legal issue. The court found that the error amounted to a jurisdictional error that justified setting aside the Tribunal's decision and remitting the matter back to the Tribunal for rehearing according to law.

The court ordered that the decision of the Migration Review Tribunal given on 26 September 2002 be set aside. The application to the Migration Review Tribunal to review the decision of the delegate not to grant Ms Ruykys a Close Ties visa was remitted to the Tribunal for rehearing or further hearing according to law. This decision ensures that Ms Ruykys's visa application will be reconsidered with the correct interpretation of the relevant legal criteria.