Karki v Minister for Immigration

The applicant, Mr Karki, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister's delegate's decision to cancel his Student visa. The cancellation was based on Mr Karki's non-compliance with Condition 8202 of his visa. It was not disputed that Mr Karki had failed to meet this condition.

The central legal issue before the Federal Court was whether the AAT had committed a jurisdictional error in its decision. Mr Karki alleged that the Tribunal had made a factual error in its findings.

Justice Dowdy held that the AAT had not made a factual error. However, even if a factual error had been made, it did not amount to a jurisdictional error because it was not "fundamental", "important", or "overwhelming". The Court applied the principles established in cases concerning jurisdictional error, distinguishing between errors of law or fact that do not vitiate a decision and those that are so significant as to render the decision a nullity. As no jurisdictional error was established, the application for judicial review was dismissed.