X.W Xu and Z.C Xu v Minister for Immigration

X.W. Xu and Z.C. Xu (the applicants) sought judicial review of a decision by the Migration Review Tribunal (the Tribunal) to affirm the Minister for Immigration's refusal to approve a nominated position under regulation 5.19 of the *Migration Regulations 1994*. The applicants alleged that the Tribunal's decision was affected by jurisdictional error.

The primary legal issues before the Federal Court were whether the Tribunal breached section 353 of the *Migration Act 1958*, whether the Tribunal exhibited bias, and whether the Tribunal made an incorrect finding of fact, thereby constituting jurisdictional error.

Justice Cameron found that the Tribunal had not breached section 353 of the *Migration Act 1958*. The Court also found no evidence of actual or apprehended bias on the part of the Tribunal. Furthermore, the Court determined that the Tribunal's finding of fact, which was central to its decision, was not demonstrably incorrect to the point of constituting jurisdictional error. The Court concluded that the applicants had not established that the Tribunal's decision was affected by jurisdictional error.