Sasan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister's delegate's refusal to grant a Student (Temporary) (Class 2U) visa. The applicant contended that the AAT had erred in law.

The central legal issues before the court were whether the applicant had satisfied the mandatory criteria for the visa, whether the AAT had applied the correct legislative instrument in its assessment, and whether the applicant had been denied procedural fairness during the AAT’s review process. The court was required to determine if any jurisdictional error had occurred.

Judge Young found that no jurisdictional error had been made out. The court was satisfied that the AAT had correctly applied the relevant legislative instrument and that the applicant had not been denied procedural fairness. Consequently, the application for judicial review was dismissed. The applicant was ordered to pay the First Respondent's costs in the fixed sum of $5,000.00, and the First Respondent's name was amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".