Chaudhary v Minister for Immigration

Chaudhary was the applicant seeking judicial review of a decision by the Minister for Immigration. The dispute concerned the applicant's eligibility for an Other Family (Residence) (Class BU) (Subclass 835) visa. The Administrative Appeals Tribunal had found that the applicant did not satisfy the requirement of having no "near relatives" other than those permitted by the Migration Regulations, as her other relatives were not Australian citizens, permanent residents, or New Zealand citizens ordinarily resident in Australia. The applicant alleged that the Tribunal had made a jurisdictional error.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in its interpretation and application of the "near relatives" criterion under the Migration Regulations. Specifically, the court had to determine if the applicant's circumstances met the requirements for the visa, particularly in relation to the definition and exclusion of certain relatives. The court also considered whether the applicant had established any proper grounds for review, including the assertion that she was a "remaining relative" of an Australian relative.

His Honour Judge Wilson found that the first three grounds of review raised by the applicant lacked sufficient particulars and were not proper grounds for review. Regarding the fourth ground, which alleged the applicant was a "remaining relative" of an Australian relative, the court concluded that there was no arguable case to support this claim. The court reasoned that the applicant had failed to demonstrate that the Tribunal had made a jurisdictional error in its assessment of the "near relatives" requirement. Consequently, the application for judicial review was summarily dismissed.