Shaikh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicants, Mr and Mrs Shaikh, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to grant them a Business Skills (Provisional) (Class EB) Business Innovation and Investment (Provisional) (Subclass 188) visa. The refusal was based on the opinion of a Medical Officer of the Commonwealth (MOC) that one of the applicants failed to satisfy Public Interest Criterion 4005 (PIC 4005). The matter came before Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the MOC erred in assessing the application of PIC 4005 in relation to the applicants' eligibility for a permanent stay in Australia. Specifically, the applicants contended that the MOC's assessment was flawed in its consideration of the criterion.

Judge Manousaridis found no error in the MOC's assessment of PIC 4005. The court applied the principles governing the review of such decisions, which generally involve determining whether the decision-maker acted within their legal powers and followed the correct legal procedures. Having found no such error, the application was dismissed.

Consequently, the court ordered that the application be dismissed and that the first and second applicants pay the respondent's costs in the amount of $5,400.