Tran v Minister for Immigration & Multicultural Affairs

The appellant, Tran, sought judicial review of the respondent's decision to cancel his visa. The matter was heard and dismissed by the Federal Magistrates Court. Tran appealed the decision to the Federal Court of Australia. The appeal was allowed, and the respondent's decision was quashed. The matter was remitted to the original respondent for reconsideration.

Tran, an overseas student, applied for a Business Skills (Residence) (Class BH) visa. His application was refused on the basis that he had not met the English language requirements. Tran applied for review of the decision. The delegate's decision was affirmed. Tran then applied for judicial review in the Federal Magistrates Court. His application was dismissed. He appealed to the Federal Court of Australia. The court found that the decision was not supported by the relevant material and that there was a failure to consider relevant information. The decision was quashed and the matter was remitted for reconsideration.

The court found that the decision was not supported by the relevant material and that there was a failure to consider relevant information. The court found that the decision-maker failed to consider that Tran had passed the English language requirement for the visa. The court found that the decision-maker also failed to consider the evidence that Tran had gained relevant work experience in Australia. The court found that the decision was therefore not supported by the material and was unreasonable. The court quashed the decision and remitted the matter for reconsideration.

The court allowed the appeal and set aside the orders of the Federal Magistrates Court. The court ordered that there be an order in the nature of a writ of certiorari quashing the decision of the second respondent made on 13 May 2005. The court also ordered that there be an order in the nature of a writ of mandamus requiring the second respondent to review according to law the decision made by the delegate of the first respondent on 14 April 2003 to refuse the applicant a Business Skills (Residence) (Class BH) visa. The court also ordered that the first respondent pay the applicant’s costs.