KC v MIAC

The applicant, KC, sought judicial review of a decision made by the Migration Review Tribunal (the Tribunal). The dispute concerned the Tribunal's assessment of KC's application for a skilled visa.

The primary legal issues before the court were whether the Tribunal's decision was affected by jurisdictional error. Specifically, the court was asked to determine if the Tribunal made a finding of fact that was not open on the evidence before it, and if it took irrelevant considerations into account when reaching its decision.

Justice Cameron found that the Tribunal had indeed made a finding of fact that was not supported by the evidence presented. This finding related to the applicant's claimed work experience, which the Tribunal had discounted without adequate evidentiary basis. Furthermore, the court determined that the Tribunal had improperly considered certain information that was not relevant to the assessment of the applicant's eligibility for the visa. These errors were found to constitute jurisdictional error.

Consequently, the court quashed the decision of the Migration Review Tribunal and remitted the matter to the Tribunal for redetermination according to law.