KISHAF v Minister for Immigration

The applicant, Kishaf, sought judicial review of a decision made by the Minister for Immigration concerning her application for a Skilled (provisional) (class VC) (subclass 485) visa. The core of the dispute was Kishaf's failure to comply with a specific visa requirement, namely, not having applied for an Australian Federal Police criminal records check within the 12 months preceding her visa application. The matter came before His Honour Judge Wilson in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Migration Review Tribunal (MRT) had made a jurisdictional error in its decision regarding Kishaf's visa application. This required the Court to consider whether Kishaf had adequately demonstrated the existence of such an error, particularly in light of the grounds of review she advanced, which were described as narrative in nature.

His Honour Judge Wilson found that Kishaf had failed to demonstrate any jurisdictional error on the part of the MRT. The Court concluded that the tribunal's decision was unimpeachable, meaning it could not be successfully challenged on legal grounds. Consequently, the application for judicial review was summarily dismissed.