Salma v Minister for Immigration

Salma and another applicant sought judicial review in the Federal Court of Australia of a decision by the Administrative Appeals Tribunal (AAT). The AAT had affirmed a delegate of the Minister for Immigration's refusal to grant Temporary Graduate visas to the applicants. The refusal was based on the applicants failing to satisfy specific criteria within the Migration Regulations 1994 (Cth), namely clause 485.216(1) and (3) for the first applicant, and Public Interest Criterion 4005(1)(c)(ii)(A) of Schedule 4 for the second applicant. The latter criterion concerned being free from a disease or condition that would likely result in significant cost to the Australian community in health and community services.

The applicants' grounds for judicial review alleged that the AAT had committed jurisdictional error. Specifically, they contended that the AAT failed to afford them reasonable time to refute the findings of a Medical Officer of the Commonwealth and that the AAT improperly accepted medical evidence that lacked sufficient evidentiary support.

Dowdy J considered the applicants' arguments in light of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). The Court noted that regulation 2.25A(3) of the Migration Regulations mandates that the AAT is bound to accept the reports of a Medical Officer of the Commonwealth. Consequently, the applicants' contention that the AAT erred in accepting this evidence was without merit. Furthermore, the Court found that the grounds raised by the applicants essentially sought a review of the merits of the AAT's decision, which is beyond the scope of judicial review. As no jurisdictional error was established, the application for judicial review was dismissed.