Wu v Minister for Immigration

The applicant, Wu, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the delegate of the Minister's decision to cancel Wu's student visa under section 116 of the *Migration Act 1958* (Cth) due to non-compliance with Condition 8202. Wu had not responded to the Notice of Intention to Consider Cancellation of Student visa. The application for judicial review was heard by Dowdy J in the Federal Court of Australia.

The central legal issue before the Court was whether there was any jurisdictional error in the AAT's decision. The applicant contended that a compelling reason for their non-compliance, namely their homosexuality, constituted a basis for judicial review. However, this claim had not been raised before the AAT during its hearing.

Dowdy J found no jurisdictional error. The Court reasoned that the applicant's claim regarding homosexuality was a new ground not presented to the AAT. As the AAT's decision was based on the material before it, and no jurisdictional error was identified in its process or findings, the Court could not intervene. The applicant's failure to raise this significant issue at the primary review stage meant it could not form the basis for a successful judicial review application.

Consequently, the application for judicial review was dismissed.