LIAO v Minister for Immigration (No.2)

The applicant, Mr Liao, sought declaratory relief against the Minister for Immigration concerning an application for a Business Skills (Provisional) (Class EB) (subclass 188) visa. The proceedings were heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether there were concrete facts that supported a right for the applicant to seek declaratory relief, and whether there was a real question capable of engaging the Court's jurisdiction to grant such relief.

Judge Street considered the nature of declaratory relief and the requirements for its availability. The Court determined that the applicant had not demonstrated the existence of a present, ascertainable right that was in controversy or was likely to be in controversy. Consequently, the Court found that there was no real question capable of engaging its jurisdiction for declaratory relief. The proceedings were therefore dismissed.