Ugyen v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs

This matter concerned an application for judicial review of a decision made by the Administrative Appeals Tribunal (AAT) regarding a Temporary Graduate (Post-Study Work) visa. The applicants sought to challenge the AAT's decision that the first applicant had failed to meet the English language requirement for the visa. The application was brought pursuant to s 476 of the Migration Act 1958 (Cth).

The legal issues before the Court were whether the AAT had committed jurisdictional error in its assessment of the applicants' claims. Specifically, the Court considered whether the AAT erred in its findings regarding the first applicant's medical condition, the impact of border closures due to the global pandemic, and the fact that the visa application was lodged without the assistance of a migration agent.

The Court found that the applicants' oral submissions did not identify any jurisdictional error. Regarding the medical condition, the Court noted that while the AAT acknowledged the first applicant's health issues and their potential impact on his ability to sit an English language test, it correctly recognised that there was no discretion to waive this mandatory requirement. Developments occurring after the AAT's decision, such as further surgery, were irrelevant to the Court's task of assessing legal error. The Court also determined that the applicants' inability to return to their home country due to border closures was not a relevant consideration for the AAT, which was solely concerned with whether the visa criteria were met. Finally, the Court held that the second applicant lodging the application without professional assistance, due to unfamiliarity with immigration law and financial constraints, did not constitute jurisdictional error.

The application was dismissed.