Khan v Minister for Immigration and Anor

Khan applied for judicial review of a decision made by the Migration Review Tribunal. The Tribunal had affirmed the Minister for Immigration's decision to refuse to grant Mr Khan a student visa. Mr Khan alleged that the Tribunal's decision was affected by jurisdictional error, specifically that he was denied natural justice, that the Tribunal failed to conduct a genuine review of his application, and that it failed to consider all the evidence presented to it. The matter came before Judge Cameron in the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether the Tribunal had denied Mr Khan natural justice, whether its review of his application was genuine, and whether it had failed to consider all the evidence. These issues were framed as allegations of jurisdictional error, which, if established, would render the Tribunal's decision invalid.

Judge Cameron found that the Tribunal had indeed failed to provide Mr Khan with natural justice. This failure stemmed from the Tribunal's reliance on adverse information that had not been disclosed to Mr Khan, thereby preventing him from responding to it. The Court held that this failure constituted a jurisdictional error. Consequently, the Tribunal's decision was set aside.