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

The applicant, Mr. Wu, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Student (subclass 500) visa. The core of the dispute was whether Mr. Wu met the enrolment requirements for the visa at the time of the AAT's decision.

The legal issues before the Federal Court were whether the AAT had committed jurisdictional error by failing to consider relevant matters or by considering irrelevant matters. Specifically, the court had to determine if the AAT erred in finding that Mr. Wu was not enrolled in a course of study, and whether the AAT should have considered the impact of COVID-19 on Mr. Wu's study and travel plans, as well as his performance as a student.

Justice Kendall found that the reason for Mr. Wu's lack of enrolment, whether a suspension or cancellation of studies due to travel plans or the COVID-19 pandemic, was irrelevant to the AAT's task. The AAT was required to determine if Mr. Wu met the criterion of being enrolled in a course of study as stipulated by clause 500.211 of the Migration Regulations 1994. The court noted that PRISMS records indicated Mr. Wu's enrolment had been cancelled, and he had confirmed this to the AAT. The AAT had also provided Mr. Wu with an opportunity to respond to information suggesting he was not enrolled, which he failed to do effectively. The court concluded that the AAT correctly identified the determinative issue and applied the relevant regulations, finding no jurisdictional error.

Consequently, the application for judicial review was dismissed.