Chhetri v Minister for Immigration

Chhetri applied to the Minister for Immigration for review of a decision made by the Administrative Appeals Tribunal. The Tribunal had refused Mr Chhetri's application for a student visa. The matter came before Driver J of the Federal Court of Australia.

The primary legal issue before the Court was whether Mr Chhetri had an arguable case of jurisdictional error in relation to the Tribunal's interlocutory dismissal of his show cause application. Mr Chhetri contended that the Tribunal had erred in law by failing to afford him procedural fairness.

Driver J found that Mr Chhetri had not established an arguable case of jurisdictional error. His Honour reasoned that the Tribunal's decision to dismiss the show cause application was a procedural step taken in the course of its review of the visa refusal. The Court concluded that the Tribunal's actions did not amount to a failure to exercise its jurisdiction or an exercise of jurisdiction beyond its powers. Therefore, there was no arguable basis for a claim of jurisdictional error.