Ghimire v Minister for Immigration & Border Protection

Ghimire (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of his visa application. The Minister for Immigration & Border Protection (the respondent) was the opposing party. The matter came before Emmett J of the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the applicant had an arguable case for the relief he claimed, specifically in relation to the MRT's decision. This involved considering whether the applicant had demonstrated a jurisdictional error on the part of the MRT in its review of his visa refusal.

Emmett J considered the applicant's submissions and found that they did not disclose an arguable case for relief. The Court applied the principles governing applications for judicial review, including the requirement for the applicant to demonstrate a jurisdictional error. Having found no arguable case, the Court dismissed the application.