Babar v Minister for Immigration and Border Protection

Babar v Minister for Immigration and Border Protection is a case involving the refusal of a subclass 457 temporary work (skilled) visa. The visa applicant, whose application was sponsored by Babar, faced refusal by a delegate of the Minister for Immigration and Border Protection. The key issue before the court was whether the delegate's decision was reviewable by the Migration Review Tribunal under section 338(2) of the Migration Act 1958 (Cth), and whether there was any fraud on the Tribunal. The case also examined the conduct of the Federal Circuit Court of Australia (FCCA) and the Tribunal in handling the application.

The court examined whether the Tribunal had the jurisdiction to review the delegate's decision, a matter that was contested under ground 9 of the grounds of appeal. The court upheld the primary judge's finding that the Tribunal did not have jurisdiction to review the delegate's decision, aligning with the Full Court's interpretation in Ahmad v Minister for Immigration and Border Protection. Additionally, the court dismissed the claim that the primary judge summarily dismissed the appellants’ case without a full hearing, noting that the appellants had been granted multiple adjournments to prepare their case. The primary judge's decision to proceed with the hearing was based on the lack of a pleaded cause of action against the relevant individual and insufficient evidence of misconduct.

The court concluded that the appellants' appeal was without merit and dismissed it. The appellants were ordered to pay the costs of the first respondent, the Minister for Immigration and Border Protection. The entry of orders was governed by Rule 39.32 of the Federal Court Rules 2011.