X.W Xu & 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 refuse 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 had breached section 353 of the *Migration Act 1958*, whether the Tribunal had demonstrated bias, and whether the Tribunal had 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*. Furthermore, the Court determined that there was no evidence to support the allegation of bias on the part of the Tribunal. The Court also concluded that the Tribunal's finding of fact was not demonstrably incorrect in a manner that would amount to jurisdictional error. Consequently, the application for judicial review was dismissed.