Trad v Minister for Immigration

The applicant, Trad, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Delegate's refusal to grant a temporary Partner (Subclass 820) visa. The dispute centred on whether the applicant had met the eligibility requirements for the visa.

The primary legal issue before the Court was whether the AAT had committed a jurisdictional error in its decision. Specifically, the Court had to consider whether the applicant's failure to lodge the Partner visa application within 28 days of the expiry of their last substantive visa, thereby not complying with Criterion 3001, could be excused by "compelling reasons."

Dowdy J found that the applicant had not established jurisdictional error. The Court reasoned that the requirement to lodge the application within 28 days was a mandatory criterion for the visa. The AAT had correctly considered the applicant's submissions regarding "compelling reasons" for the delay and had determined that such reasons did not exist. Consequently, the AAT's affirmation of the Delegate's decision was not vitiated by jurisdictional error.

The application for judicial review was dismissed.