The Court dismissed the judicial review application, holding that the Tribunal committed no jurisdictional error in affirming refusal of a student visa on genuine temporary entrant grounds. Where an applicant consented to the Tribunal deciding the review on the papers under s 360(2)(b) of the Migration Act, the combined operation of ss 360(3) and 363A removed any power for the Tribunal to permit the applicant to appear, and the Tribunal's exercise of discretion not to adjourn under s 363(1)(b) was legally reasonable given the multiple opportunities afforded to provide evidence. Claims of agent incompetence failed where there was no evidence on the record that any agent had been appointed for the Tribunal review, and health-related claims not raised before the Tribunal did not enliven any review obligation under NABE principles.
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