Shakya v Minister for Immigration

Shakya (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse a partner visa. The application before Driver J concerned an interlocutory dismissal of a show cause application, with the applicant alleging jurisdictional error.

The central legal issue before the Court was whether the applicant had an arguable case of jurisdictional error in relation to the refusal of the partner visa. This involved considering whether the decision-maker had failed to take into account a relevant consideration or taken into account an irrelevant consideration, or otherwise acted outside their legal authority.

Driver J found that the applicant had not established an arguable case of jurisdictional error. The Court reasoned that the material before it did not demonstrate any failure by the decision-maker to consider relevant factors or any improper consideration of irrelevant factors. Consequently, the Court concluded that there was no basis for judicial review on the grounds of jurisdictional error.