KHAN v Minister for Immigration and Border Protection

The applicant, Mr Khan, sought judicial review of a decision by the Minister for Immigration and Border Protection to refuse his visa application. The dispute concerned the Minister's assessment of Mr Khan's character, specifically whether he met the criteria for a visa under the *Migration Act 1958* (Cth) and associated regulations. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister had erred in law in assessing Mr Khan's character, particularly in relation to the application of Schedule 4 of the *Migration Regulations 1994* (Cth). This involved determining whether the Minister had properly considered all relevant information and applied the correct legal tests when concluding that Mr Khan did not satisfy the character requirements for the visa.

Judge Barnes found that the Minister had failed to properly consider certain exculpatory material provided by Mr Khan, which was relevant to the assessment of his character. The Court held that the Minister's decision was affected by jurisdictional error because it was based on an incomplete and therefore flawed assessment of the evidence. The principles of administrative law, including the duty to afford procedural fairness and the requirement for a decision-maker to consider all relevant evidence, were applied.

The Court quashed the Minister's decision and remitted the matter to the Minister for redetermination according to law.