Han v Minister for Immigration and Citizenship

The appellant, Han, appealed against the decision of Lucev FM, handed down on 4 July 2011, dismissing Han's application for judicial review of the decision of the Migration Review Tribunal (Tribunal) of 8 February 2011. The Tribunal had affirmed the delegate's decision to refuse to grant Han a Skilled (Provisional) (Class VC) visa. Han argued that the Tribunal had made jurisdictional errors, failed to consider his intention, and other unspecified grounds. The legal issues for determination by the court were whether the Tribunal had made a jurisdictional error in assessing Han's eligibility for a Skilled (Provisional) (Class VC) visa, and whether there was any actual or reasonably apprehended bias on behalf of the decision-makers. The court held that the Tribunal's approach to the evidence before it was one that it was fairly entitled to undertake, and the decision reached by the Tribunal was the only one available to it. The court found no jurisdictional errors and held that the Federal Magistrates Court's jurisdiction was limited to conducting a judicial review of the Tribunal's decision. The appeal was dismissed, and Han was ordered to pay the costs of the first respondent to be taxed if not agreed.