Wang v Minister for Home Affairs

The applicant, Mr. Wang, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his employer nomination visas. The Minister for Home Affairs was the respondent. The core of the dispute concerned whether the AAT had committed jurisdictional error in its handling of a show cause application made by Mr. Wang, which the AAT had dismissed interlocutorily.

The central legal issue before the Court was whether Mr. Wang had an arguable case that the AAT had engaged in jurisdictional error by dismissing his show cause application without providing him with an opportunity to respond. This required the Court to consider the nature of show cause notices in the context of migration decisions and the procedural obligations of the AAT when such notices are issued and subsequently challenged.

Justice Driver found that Mr. Wang had not established an arguable case of jurisdictional error. His Honour reasoned that the show cause notice issued to Mr. Wang was not a decision that could be challenged in the Federal Court under s 75(v) of the Constitution. Rather, it was a preliminary step in the decision-making process. The AAT's interlocutory dismissal of the application to set aside the show cause notice was not a final determination of Mr. Wang's visa application and did not, in itself, constitute jurisdictional error. The Court concluded that the AAT was entitled to proceed with its review of the primary decision without further engagement on the show cause notice at that stage.

The application for judicial review was dismissed.