Thakur & Ors v Minister

In *Thakur & Ors v Minister*, the applicants sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning their application for a Regional Employer Nomination (subclass 187) visa. The core of the dispute revolved around whether the AAT had adequately considered the compassionate and compelling circumstances presented by the applicants in support of their visa application.

The primary legal issue before the Federal Court was whether the AAT had committed a jurisdictional error by failing to properly consider the compassionate and compelling circumstances advanced by the applicants. This required the Court to determine the scope of the AAT's obligations in assessing such circumstances within the framework of the migration legislation.

Justice Kendall found that the AAT had indeed made a jurisdictional error. The Court reasoned that the Tribunal's decision demonstrated a failure to engage with the substance of the applicants' submissions regarding their compassionate and compelling circumstances. This failure meant that the AAT had not undertaken the necessary assessment required by law, thereby vitiating its decision. Consequently, the Court issued the writs sought by the applicants.