Nwachukwu v Minister for Immigration and Anor

The applicant, Mr. Nwachukwu, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning his application for a Skilled Nominated (Permanent) visa (Subclass 190). The Minister for Immigration and Border Protection was the first respondent. The core of the dispute revolved around whether Mr. Nwachukwu was a member of the family unit of a person who held a Subclass 190 visa, and whether the AAT had erred in its assessment of this matter.

The central legal issues before the court were whether the AAT had failed to conduct the assessment required by clause 190.311 of the *Migration Regulations 1994* (Cth) and whether this failure constituted a jurisdictional error. The applicant contended that the Tribunal had not properly considered his status as a family unit member in accordance with the regulations.

Judge Humphreys found that the AAT had indeed carried out the necessary assessment under clause 190.311. The court reasoned that the Tribunal's decision demonstrated that it had considered the relevant criteria and made findings of fact in relation to the applicant's relationship to the visa holder. Consequently, the court concluded that no jurisdictional error had been made out.

Accordingly, the application was dismissed, and the applicant was ordered to pay the first respondent's costs fixed at $7467.00.