Solihin (Migration)

The applicant, Mr Solihin, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Student (Temporary) (Class TU) visa, subclass 500. The Minister's delegate had determined that Mr Solihin was not a genuine temporary entrant, having regard to the fact that his most recent enrolment had ended and the delegate's assessment of his intention to return to his home country. Mr Solihin consented to the decision of the delegate being affirmed without a hearing.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate's decision was affected by jurisdictional error. Specifically, the court was required to consider whether the delegate had properly assessed Mr Solihin's intention to return to his home country, a key criterion for the grant of a Student visa under the *Migration Regulations 1994* (Cth).

The court noted that Mr Solihin had consented to the decision being affirmed, which meant the court was not required to undertake a full review of the delegate's findings. However, the court's inherent jurisdiction to prevent jurisdictional error remained. In this instance, given the consent to the decision being affirmed, the court found no basis to intervene and set aside the delegate's decision.

The court affirmed the delegate's decision.