Khanam v Minister for Immigration

This matter concerned an appeal by Khanam (the applicant) against a decision by the Minister for Immigration (the respondent) to cancel her visa. The dispute arose from allegations made in 2010, suggesting the applicant had failed to disclose a second son when applying for her visa. The applicant contended that the delegate erred in finding that information from New Zealand immigration was consistent with these allegations, thereby forming the basis for the visa cancellation. The case was heard by Judge Barnes.

The primary legal issue before the court was whether the delegate committed jurisdictional error in finding that the information obtained from New Zealand immigration was consistent with the allegations of non-disclosure made against the applicant. Specifically, the court had to determine if the delegate's reliance on this information, despite a slight difference in the spelling of a family name, was a valid basis for concluding that the applicant had failed to disclose a second son, thereby providing grounds for visa cancellation under section 116 of the Migration Act 1958 (Cth).

Judge Barnes reasoned that the delegate was entitled to find consistency between the 2010 allegations and the New Zealand immigration information. The New Zealand visa application form, completed by the sponsor, listed a "Saleh Imam Al Razi" as the sponsor's brother, who shared the same address as the sponsor's mother. This information, along with the 2010 allegation, pointed to the existence of a second son. The delegate's awareness of the minor spelling variation did not, in itself, indicate jurisdictional error. The judge concluded that, based on the material before the delegate, including the significant information from New Zealand, it was open to the delegate to form the view that a ground for cancelling the applicant's visa existed under section 116 of the Act, as required by section 128(a)(i) of the Act.