Khan v Minister for Immigration

Khan (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which confirmed the Delegate of the Minister for Home Affairs' decision to refuse Khan's application for a Regional Employer Nomination Visa (Class RN) (Subclass 187). The dispute concerned whether the Tribunal had erred in its assessment of the applicant's eligibility for the visa.

The primary legal issues before the Court were whether the Tribunal had failed to appreciate that the Department of Home Affairs had not advised the applicant of the withdrawal of the employer's nomination, and whether this failure constituted a lack of procedural fairness, thereby amounting to jurisdictional error.

Judge Humphreys found that the Tribunal had not made a jurisdictional error. The Court reasoned that the Tribunal's decision was based on the available evidence before it, and that the Tribunal was not obliged to assume the Department had a duty to inform the applicant of the nomination withdrawal, particularly when the applicant had not established such a duty. The Tribunal's findings were open to it on the evidence presented.

The application for judicial review was dismissed.