Khan v Minister for Immigration

Khan appealed to the Federal Circuit Court of Australia against a decision of the Administrative Appeals Tribunal (the Tribunal) affirming the refusal of his application for a partner visa. The refusal was based on the applicant's relationship with the sponsor having broken down, and allegations of family violence.

The central legal issue before the Court was whether the Tribunal had erred in law by relying upon an independent expert's report when making its decision. The applicant contended that the Tribunal's reliance on this report constituted a jurisdictional error.

Judge Driver found that the Tribunal had not committed a jurisdictional error. The Court reasoned that the Tribunal was entitled to consider all relevant evidence before it, including the independent expert's report, in assessing the applicant's claims and the circumstances of the relationship breakdown. The Tribunal's use of the report was within its powers and did not amount to an error of law.

The appeal was dismissed.