Khatri v Minister for Immigration and Border Protection [2015] FCA 669

Khatri v Minister for Immigration and Border Protection [2015] FCA 669

The appellants failed to satisfy the mandatory requirement of an approved nomination under cl 457.223(4)(a)(i). The Tribunal acted fairly by inviting them to supply information, and, since they did not respond, the Tribunal's decision to refuse the visas was inevitable and must stand.

Parties
First Appellant: Muhammad Adnan Khatri; Second Appellant: Saira Adnan; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Visa Decision Review, Procedural Fairness, Temporary Business Entry Visa
Administrative Law Migration Law Visa Decision Review Procedural Fairness Temporary Business Entry Visa

Case Brief

Summary, issues, holding and outcome

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Parties

Muhammad Adnan Khatri

First Appellant

Saira Adnan

Second Appellant

Minister for Immigration and Border Protection

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal failed to consider information central to the appellants' case
  2. 2 Whether the Tribunal's decision to proceed was unreasonable

Ratio Decidendi

The appellants failed to satisfy the mandatory requirement of an approved nomination under cl 457.223(4)(a)(i). The Tribunal acted fairly by inviting them to supply information, and, since they did not respond, the Tribunal's decision to refuse the visas was inevitable and must stand.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed.
  • The appellants pay the first respondent's costs.