Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the appellant, Mr Khalil, appealed against a decision of the Federal Circuit and Family Court of Australia, which had dismissed his application for judicial review of a decision of the Administrative Appeals Tribunal (AAT). The Tribunal had affirmed the Minister's decision to refuse to grant Mr Khalil a visa under section 501(1) of the Migration Act 1958 (Cth). The key issue before the court was whether the Tribunal erred in rejecting the expert evidence of Dr Pattni concerning Mr Khalil's prospects of reoffending, the effect on his children of refusing to grant the visa, and the risk of Huntington’s disease in the family. Additionally, the court had to consider if the Tribunal's failure to consider this evidence was material to its decision.

The court found that the Tribunal had failed to adequately consider Dr Pattni's evidence, which included her conclusion that Mr Khalil had a remote chance of reoffending due to his motivation provided by his children. The court was particularly concerned with the Tribunal's rejection of Dr Pattni's opinion without proper justification. Furthermore, the court held that the Tribunal should have considered the evidence concerning the risk of Huntington’s disease in the family and its impact on the decision. The court concluded that the Tribunal's failure to consider these factors was material to its decision, and therefore, the appeal should be allowed.

Consequently, the court granted leave for the appellant to file an amended notice of appeal, allowed the appeal, and set aside the orders made by the primary judge. The court issued a writ of certiorari to quash the Tribunal’s decision and a writ of mandamus to require the Tribunal to reconsider Mr Khalil's application according to law. The costs of the appeal were ordered to be paid by the first respondent.