Khan v Minister for Home Affairs & Anor

Bell J of the Federal Court of Australia considered the application of Mr Khan for judicial review of a decision by the Minister for Home Affairs to refuse to grant him a visa. Mr Khan sought to challenge the lawfulness of the Minister's decision, alleging it was affected by jurisdictional error.

The primary legal issue before the Court was whether the delegate of the Minister had failed to consider relevant considerations and taken into account irrelevant considerations when assessing Mr Khan's visa application, thereby vitiating the decision. Specifically, the Court was asked to determine if the delegate's assessment of Mr Khan's character, and the weight given to certain information in that assessment, constituted a failure to undertake the required statutory assessment.

Bell J found that the delegate had indeed failed to consider relevant considerations and had taken into account irrelevant considerations. The Court reasoned that the delegate's assessment of Mr Khan's character was based on a misinterpretation of certain evidence and an overemphasis on unsubstantiated allegations, while failing to give adequate weight to exculpatory material. This failure amounted to jurisdictional error, as the delegate had not properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the associated regulations.

Consequently, Bell J made orders quashing the decision of the Minister to refuse Mr Khan's visa application and remitted the matter to the Minister for reconsideration according to law.