Tran (Migration)

The applicant, Tran, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a Visitor (Class FA) visa, subclass 600. The applicant did not hold a substantive visa at the time of her application.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Tribunal erred in law by failing to consider, or adequately consider, the applicant's submissions regarding her family's health issues and the impact of COVID-19 travel restrictions on her ability to depart Australia. The court was required to determine if the Tribunal's decision was affected by an error of law, specifically in its assessment of the applicant's circumstances and the relevant criteria for the visa.

Her Honour Justice Holub found that the Tribunal had failed to adequately consider the applicant's submissions concerning her family's health issues and the prevailing COVID-19 travel restrictions. The Tribunal's decision was therefore affected by an error of law. The court set aside the AAT's decision and remitted the matter to the AAT for redetermination according to law.