Singh v Minister for Immigration

Singh (the applicant) sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning his Student (Temporary) (Class TU) visa. The core of the dispute revolved around the applicant's failure to maintain enrolment in a course of study, a condition of his visa.

The Federal Circuit Court was required to determine whether the AAT had committed a jurisdictional error in its decision. Specifically, the court considered whether the applicant had been adequately notified of the requirement to be enrolled in a course of study and whether the AAT's finding that he was so notified was legally sound.

Judge Kendall found no jurisdictional error on the part of the AAT. The court reasoned that the applicant had been provided with sufficient notice regarding the necessity of maintaining enrolment. Consequently, the AAT's decision was upheld, and the application for judicial review was dismissed.