Khakpour v Minister for Immigration and Anor (No.2)

This matter concerned an application by Mr Khakpour for judicial review of a decision by the Minister for Immigration and Anor. The applicant sought to rely on affidavit evidence that had not been before the Administrative Appeals Tribunal (AAT) concerning offshore visa processing delay times. The core of the dispute revolved around the admissibility of this new evidence before the Federal Circuit and Family Court of Australia (FCFA) in the context of a review hearing.

The primary legal issue before the court was whether the applicant's affidavits, which were not presented to the AAT, were admissible in the FCFA's review of the AAT's decision. This question was framed by the court's consideration of whether the applicant had been adequately put on notice regarding the consequences of untruthfulness in his visa application process, and whether the AAT ought to have made an inquiry into a critical fact that was said to be obvious.

Judge Egan determined that the affidavits were inadmissible. The court reasoned that the applicant had been aware of the potential consequences of providing untruthful information in his application, particularly concerning processing delays. The court found that the AAT was not obliged to conduct further inquiries into a matter that the applicant had not adequately addressed or presented evidence on during the initial review. Consequently, the application for judicial review was dismissed.