Khalil v Minister for Home Affairs

In the case of Khalil v Minister for Home Affairs, the applicant, Khalil, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the Minister's decision to refuse his visa application under section 501 of the Migration Act 1958 (Cth). The AAT had upheld the Minister's decision, which was based on the applicant’s criminal history. Khalil’s lawyer did not appear at the AAT hearing due to a late notice, leading Khalil to argue that he was denied procedural fairness by not being granted more time. Additionally, Khalil argued that he had not been properly notified of the refusal to grant his visa under section 501G(1) of the Act, and that the AAT was in error in not dismissing the application on these procedural grounds.

The court examined the significance of the 84-day period under section 500(6L)(c) of the Act, which is relevant to the notice requirements. The court held that no procedural unfairness occurred as the applicant was given sufficient opportunity to present his case and that the notice provisions were satisfied. The court also noted that any error in the AAT's handling of the case did not reach the level of jurisdictional error, which is necessary for a successful judicial review application. Therefore, the court concluded that the AAT was not in error in not dismissing the application on procedural grounds.

Consequently, the court dismissed Khalil's application for judicial review. The court ordered that the applicant pay the first respondent's costs of the application and directed that the costs be assessed on a lump sum basis. If the parties could not agree on the lump sum figure, the matter would be referred to a Registrar for determination. The orders also included timelines for the filing and serving of affidavits and responses relating to the costs.