WANG and Anor v Minister for Immigration

The applicants, Mr and Mrs Wang, sought judicial review of the Minister for Immigration's decision to cancel the first applicant's Employer Nomination (subclass 186) visa. The proceedings were heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the delegate of the Minister had failed to give proper, genuine, and realistic consideration to the applicants' circumstances when cancelling the visa, and whether the Court should await the outcome of a separate revocation decision. The applicants also sought to have the second applicant removed as a party to the proceedings.

Judge Street held that the delegate's reasons for cancellation were not to be scrutinised with excessive detail, but rather assessed for a failure to consider relevant matters or a misunderstanding of the facts. The Court found no jurisdictional error in the delegate's decision-making process, concluding that the delegate had adequately considered the applicants' circumstances. The application was therefore dismissed.