Chhetri v Minister for Immigration

This matter concerned an application to the Federal Circuit and Family Court of Australia for review of a decision made by the Administrative Appeals Tribunal. The applicant, Mr. Chhetri, sought to challenge a decision by the Minister for Immigration, which had been affirmed by the Tribunal. The core of the dispute revolved around the application of Schedule 3 criteria within the Migration Regulations, which the applicant alleged were applied in a manner that constituted jurisdictional error.

The applicant advanced two grounds for jurisdictional error. Firstly, it was contended that the policy underpinning the Schedule 3 requirements was *ultra vires* the *Migration Act 1958* and its Regulations, particularly in light of the facilitative provisions of section 48 of the Act. This, it was argued, improperly fettered the consideration of "compelling" circumstances. Secondly, the applicant alleged that the Minister had misapplied the Schedule 3 requirements by failing to give genuine and proper consideration to all of the applicant's relevant facts and circumstances, which he asserted constituted "compelling" reasons within the meaning of the Schedule 3 concession.

Judge Nicholls found no jurisdictional error. The Court examined the grounds of the application and the relevant provisions of Schedule 3 of the Migration Regulations. The Court determined that the applicant's arguments did not demonstrate that the policy was *ultra vires* or that the Schedule 3 criteria had been misapplied. The Court concluded that the applicant had not established that the Minister or the Tribunal had failed to consider the relevant facts or had fettered their discretion in a manner that constituted jurisdictional error. Consequently, the application was dismissed.