Sandhu v Minister for Immigration & Anor

The applicant, Mr. Sandhu, sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the refusal of his application for a skilled residence visa. The MRT had found that Mr. Sandhu relied upon a bogus document, specifically concerning false claims about his work experience, which led to the refusal of his visa. The Minister for Immigration and Border Protection was the respondent.

The primary legal issue before the Federal Circuit Court was whether the MRT had misconstrued or misapplied the relevant public interest criterion in its assessment of Mr. Sandhu's visa application. A secondary issue concerned the refusal of leave to rely upon an additional ground of review sought to be raised by the applicant after the trial had commenced.

Judge Driver found that the MRT had not committed jurisdictional error. The Tribunal's findings regarding the false work experience claims were based on information before it, and its application of the public interest criterion was open to it on the evidence. The Court determined that the MRT's decision was a lawful exercise of its powers.

The application for judicial review was dismissed.