Veljanovski v Minister for Home Affairs

Veljanovski applied to the Federal Court for judicial review of a decision by the Minister for Home Affairs, which affirmed a decision of the Administrative Appeals Tribunal (AAT) to refuse a child residence visa. The refusal was based on the applicant's failure to meet the requirement of full-time study. The application for judicial review sought to challenge the merits of the AAT's decision.

The primary legal issue before the court was whether the AAT's decision involved a jurisdictional error. The applicant contended that the AAT had erred in its assessment of the evidence regarding the full-time study requirement.

Driver J found that the applicant's application for judicial review was misconceived as it sought to challenge the merits of the AAT's decision rather than identify a jurisdictional error. The court held that the AAT had considered the relevant evidence and applied the correct legal principles in determining whether the applicant met the criteria for the visa. There was no error in the AAT's findings of fact or its application of the law that would amount to a jurisdictional error.

The application for judicial review was dismissed.