In this case, our client B. Gurung engaged our assistance to challenge a decision made by the Migration Review Tribunal (MRT) regarding his further subclass 572 Vocational Education Student visa application. The MRT affirmed the Department’s decision to refuse the application on the basis that our client had not complied with the conditions of his previous Student visa. In particular, it was held that our client had not satisfied compulsory visa condition 8202(3) of satisfactory course attendance.
We represented Mr Gurung in an application to the Federal Circuit Court (FCC) for review of the decision. In our submission, we contended that the MRT had committed a jurisdictional error in coming to their previous decision. We noted that that the MRT issued their decision prior to the scheduled hearing date, which they have no legal power to do so (s.362B). Furthermore, it was found that the certificate of unsatisfactory course attendance was made at a time when our client held a Bridging visa that was not subject to condition 8202(3). Therefore, this document was irrelevant and should not have been taken into account by the MRT when reaching their decision.
Our submission was successful with the FCC remitting the application to the MRT for reconsideration.
