Sarker v Minister for Immigration

In *Sarker v Minister for Immigration*, the applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of student visas for the principal applicant. The core of the dispute concerned whether the AAT had made illogical findings or failed to consider material facts when it determined that the principal applicant was not a genuine temporary entrant for study.

The Federal Circuit and Family Court of Australia was required to determine whether the AAT's decision involved jurisdictional error. Specifically, the Court had to consider whether the AAT's findings were so illogical as to be irrational, or whether it had failed to adequately consider relevant evidence presented by the applicant.

Judge Driver found no jurisdictional error. The Court reasoned that the AAT had considered the relevant materials and provided reasons for its findings. While the applicant may have disagreed with the AAT's assessment of the evidence, the Tribunal's conclusions were not found to be so illogical or irrational as to constitute a failure to exercise its jurisdiction. The AAT's decision was therefore upheld.