Khan v Minister for Immigration

Khan (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the Minister for Immigration's decision not to grant him a Skilled – Independent (subclass 189) visa. The core of the dispute concerned whether section 359A of the *Migration Act 1958* (Cth) applied to certain information before the Tribunal, and whether the Tribunal had properly disclosed to the applicant a certificate issued under section 376 of the Act, along with the documents covered by that certificate.

The primary legal issues before the Federal Court were: first, whether section 359A of the *Migration Act* was applicable to the information in question; and second, assuming a failure by the Tribunal to disclose or properly disclose the section 376 certificate and its accompanying documents, whether such a failure was material to the Tribunal's ultimate decision.

Justice Manousaridis reasoned that section 359A of the *Migration Act* did not apply to the information before the Tribunal in the manner contended by the applicant. Furthermore, even if there had been a failure to disclose the certificate or the documents covered by it, the Court found that such a failure was not material to the Tribunal's decision. The Court concluded that the applicant had not demonstrated that any such non-disclosure had a material impact on the outcome of the Tribunal's review.

The application for judicial review was dismissed.