Khan v Minister for Immigration & Another

Khan applied to the Federal Circuit and Family Court of Australia for a review of a decision by the Administrative Appeals Tribunal (AAT) to refuse his application for a student visa. The Minister for Immigration was the second respondent.

The central issues before the Court were whether the AAT had failed to consider the applicant's circumstances as a whole when making its decision, and whether the AAT's decision was legally unreasonable.

Judge Barnes found that the AAT had not failed to weigh the applicant's circumstances as a whole. The Court held that the AAT had considered all the relevant factors presented by the applicant, including his personal circumstances and his reasons for wishing to study in Australia. The Court further held that the AAT's decision was not legally unreasonable, as it was open to the Tribunal on the evidence before it to reach the conclusion it did. The application for review was dismissed.