Khakh v Minister for Immigration and Anor

The applicant, Mr. Khakh, sought judicial review of a decision by the Minister for Immigration and Anor concerning his application for a student (Temporary) (Class TU) (Subclass 500) visa. The proceedings were heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the Minister's decision to refuse to grant Mr. Khakh the visa was affected by jurisdictional error. This involved examining whether the Minister had properly considered the "show cause" notice issued to Mr. Khakh and whether the subsequent refusal was made in accordance with the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

Judge Jarrett dismissed the application for judicial review, finding that the Minister had not committed jurisdictional error. The court reasoned that the Minister had adequately considered the information provided by Mr. Khakh in response to the show cause notice. The decision to refuse the visa was found to be within the Minister's power and was not vitiated by any legal error. The court granted the respondents' application for summary dismissal of the judicial review proceedings.