Egb18 v Minister for Immigration

The applicant, Egb18, sought judicial review of the Minister for Immigration's decision to dismiss their application for reinstatement. The matter came before Judge McNab in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's decision to dismiss the applicant's reinstatement application was affected by jurisdictional error. This required the Court to consider the proper interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) concerning applications for reinstatement.

Judge McNab reasoned that the applicant's reinstatement application was fundamentally flawed due to a failure to comply with a mandatory procedural requirement stipulated in the *Migration Act*. The Court applied the principle that where a statutory provision sets out a condition precedent for the exercise of a power, and that condition is not met, the purported exercise of the power is invalid. Consequently, the Minister's dismissal of the application was found to be a lawful consequence of the applicant's non-compliance.

The application was dismissed.