Khadka v Minister for Immigration

In *Khadka v Minister for Immigration*, the applicant, Mr Khadka, sought judicial review of a decision made by the Migration Review Tribunal (Tribunal). The Tribunal had affirmed the Minister's decision to refuse Mr Khadka's application for a student visa. The central contention was that the Tribunal's decision was affected by jurisdictional error due to an alleged miscarriage of discretion in refusing to grant an adjournment of the hearing.

The primary legal issue before the court was whether the Tribunal committed jurisdictional error by refusing to adjourn its hearing and proceeding to determine the review. This required the court to consider the principles governing the exercise of the Tribunal's discretion to grant adjournments and whether, in the circumstances of this case, the refusal to adjourn was so unreasonable that it amounted to a jurisdictional error.

Justice Cameron found that the Tribunal had not erred in its exercise of discretion. The Tribunal had considered the applicant's request for an adjournment, the reasons provided, and the potential prejudice to both parties. The Tribunal's decision to proceed with the hearing was based on a proper consideration of these factors and did not demonstrate a failure to exercise its discretion according to law. Therefore, there was no jurisdictional error.