Singh v MIMAC

Singh (the applicant) sought judicial review of a decision made by the Migration Review Tribunal (the Tribunal) concerning his application for a skilled visa. The applicant alleged that the Tribunal's decision was affected by jurisdictional error due to a misapplication of Public Interest Criterion 4020.

The primary legal issue before the court was whether the Tribunal had erred in its application of section 97 of the *Migration Act 1958* (Cth) and Public Interest Criterion 4020. The court was required to determine if this misapplication constituted a jurisdictional error that vitiated the Tribunal's decision.

Justice Cameron found that the Tribunal had indeed misapplied section 97 of the *Migration Act* and Public Interest Criterion 4020. The court distinguished the present case from the principles established in *Talukder v Minister for Immigration*, indicating that the Tribunal's approach in this instance did not align with the relevant legal framework. The court concluded that the Tribunal's error was one of jurisdictional error.