Fanani v Minister for Immigration

Fanani (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse an application for an Aged Dependent Relative (subclass 838) visa. The core of the dispute concerned whether the applicant's visa application had been lodged in accordance with mandatory requirements, specifically whether it was delivered by a "courier service."

The Federal Circuit Court was required to determine whether the respondent correctly found that the application was not made in accordance with mandatory requirements. This involved considering whether the method of delivery of the visa application satisfied the definition of "courier service" as contemplated by the relevant migration regulations.

Judge Street reasoned that the instructing of an employee by the applicant's solicitor to deliver the visa application to the relevant address did not constitute delivery by a "courier service." The judge applied the ordinary meaning of the term, which implies an independent third-party service engaged for the purpose of delivery. As the mandatory requirements for lodging the application were not satisfied, the application was dismissed.