Le v Minister for Immigration and Border Protection

Le v Minister for Immigration and Border Protection involves Ms Thi Xuan Thao Le, a cook from Vietnam who applied for an employer nomination (residence) visa in 2011. The application was supported by her employer, Little Miss Saigon Pty Limited. The key issue before the court was whether Ms Le met the "exceptional circumstances" requirement under subcl 856.213(c)(ii) of the Migration Regulations 1994 (Cth). The court was required to determine whether the Migration Review Tribunal had correctly interpreted the term "exceptional circumstances" and whether it had properly considered all relevant material in making its decision.

The court held that the Tribunal had erred in its interpretation of "exceptional circumstances" by applying tests of "so unique" and "essential" which were not supported by the ordinary meaning of the term. The court further found that the Tribunal had committed a jurisdictional error by ignoring a document provided by Ms Le's employer, which contained factual information about her exceptional circumstances. This document would have affected the Tribunal's exercise of its power to decide the matter.

The court allowed the appeal, set aside the decision of the Tribunal, and remitted the matter back to the Tribunal to be dealt with in accordance with law. The Federal Circuit Court's order for costs in favour of the Minister was upheld, and the Minister was ordered to pay the appellants' costs of the appeal. The court emphasised the importance of properly considering all relevant material and correctly interpreting legal terms in administrative decisions.