Kaur v Minister for Immigration

Kaur (the applicant) sought judicial review of a decision made by the Migration Review Tribunal (the Tribunal) concerning her application for a skilled visa. The Minister for Immigration (the respondent) was the opposing party. The applicant alleged that the Tribunal's decision was affected by jurisdictional error.

The central legal issues before the court were whether the Tribunal's exercise of its discretion to proceed to a decision constituted a miscarriage, and whether the Tribunal and the Review Medical Officer of the Commonwealth had relied on an incorrect version of clause 4005 of Schedule 4 to the *Migration Regulations 1994* (Cth).

Judge Cameron found that the Tribunal had indeed relied on an incorrect version of clause 4005. The court reasoned that this reliance constituted a jurisdictional error because it meant the Tribunal failed to consider the correct legal requirements applicable to the applicant's case. Consequently, the Tribunal's decision was vitiated by this error.

The court ordered that the decision of the Migration Review Tribunal be set aside.