Kaur v Minister for Immigration

In *Kaur v Minister for Immigration*, the applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which had refused her application for a student visa. The Minister for Immigration was the respondent. The applicant had also made an interlocutory application to dismiss a show cause notice issued by the Minister, which was also before the court.

The primary legal issue before the court was whether the AAT's decision involved jurisdictional error. Relatedly, the court had to determine if the applicant had an arguable case of jurisdictional error, which would be necessary for her interlocutory application to dismiss the show cause notice to succeed.

Judge Driver found that the applicant had not demonstrated any arguable case of jurisdictional error on the part of the AAT. The court reasoned that the AAT's decision was within its jurisdiction and that the applicant's submissions did not disclose any error that would vitiate the Tribunal's findings or its process. Consequently, the interlocutory application to dismiss the show cause notice was dismissed.