Haque v Minister for Immigration

In *Haque v Minister for Immigration*, the applicants, Mr and Mrs Haque, sought judicial review of a decision by the Migration Review Tribunal (MRT) that upheld the refusal of their skilled visa application. The refusal was based on Public Interest Criterion 4005, which the second applicant, their child, failed to satisfy due to a diagnosis of autistic spectrum disorder. The applicants had requested a further medical opinion, which was refused by the MRT.

The central legal issues before the court were whether the MRT had acted unreasonably in its review process, specifically concerning its reliance on a medical opinion that allegedly did not conform to legislative requirements. The court was also asked to determine if the MRT had failed to comply with section 360 of the *Migration Act 1958* (Cth) and whether its decision was affected by jurisdictional error, including an error in treating a decision based on a serious mistake of fact as correct, and a jurisdictional error in refusing the applicants' request for an adjournment.

Justice Smith found that the MRT had indeed committed jurisdictional error. The Tribunal erred by relying on a medical opinion that was not properly formed in accordance with the legislative requirements for assessing Public Interest Criterion 4005. Furthermore, the refusal to grant an adjournment, which would have allowed the applicants to obtain a more comprehensive medical report, was also deemed a jurisdictional error. This error meant the MRT’s decision was affected by a serious mistake of fact and it failed to properly consider the evidence before it.

Consequently, Justice Smith issued writs of certiorari and mandamus. The writ of certiorari quashed the MRT's decision, and the writ of mandamus directed the MRT to reconsider the application according to law.