Tam v Minister for Immigration

The applicant, Ms. Tam, sought judicial review of a decision by a Ministerial Delegate to refuse both a temporary partner visa (subclass 820) and a permanent partner visa (subclass 801). The delegate had initially declined to grant both visas. Following an unsuccessful merits review, the delegate identified an error in the notification process concerning the subclass 801 visa. The applicant argued that this error rendered the decision reviewable.

The court was required to determine whether the delegate's decision was amenable to judicial review, specifically considering the nature of the alleged jurisdictional error. Further issues included whether the applicant was denied procedural fairness due to the non-disclosure of a section 375A certificate and whether the delegate's decision constituted one decision or two, given the interdependence of the subclass 820 and 801 visas.

Justice Brown found no jurisdictional error in the delegate's decision. The court reasoned that the delegate's identification of an error in the notification process did not, in itself, create a reviewable jurisdictional error. The existence of a subclass 820 visa was an essential precondition to the grant of a subclass 801 visa, and the delegate's approach was consistent with this requirement. The court also concluded that the applicant had not been denied procedural fairness, as the non-disclosure of the section 375A certificate did not prejudice her case.

The application for judicial review was dismissed.