CHHOR v Minister for Immigration

The applicant, Mr. Chhor, sought judicial review of a decision by the Minister for Immigration to refuse his partner visa application. The primary dispute concerned whether the Administrative Appeals Tribunal (AAT) had erred in law by failing to consider information provided by Mr. Chhor after the Tribunal had issued its reasons for decision. The matter came before Judge Wilson of the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the AAT, having delivered its reasons for decision, was *functus officio* and therefore unable to consider further evidence or submissions from the applicant. This doctrine of *functus officio* was considered in relation to the doctrine of *res judicata*. A further issue arose concerning a Section 375A certificate, with the Court needing to determine if the applicant had been denied a fair opportunity to advance his case in relation to this certificate.

Judge Wilson held that the AAT was indeed *functus officio* once it had published its reasons for decision, meaning it had no further authority to act in the matter. The Court reasoned that the applicant had possessed the relevant document pertaining to the Section 375A certificate well before the Tribunal's decision, and therefore, there was no lost opportunity for him to present this information in support of his case. The Court found no error of law in the Tribunal's approach.

Consequently, the application for judicial review was dismissed.