On 3 September 2025, the High Court of Australia delivered a unanimous judgment against the appellant in Khalil v Minister for Immigration, Citizenship, Migrant Service and Multicultural Affairs [2025] HCA 33.  Rachel Francois appeared with the Solicitor-General for the successful respondent.

The case concerned vested rights.  The appellant’s application for a partner visa had been refused in November 2017. A delegate of the Minister made that decision by applying Direction 65 – the direction then in force under s 499(1) of the Migration Act 1958 (Cth). The appellant subsequently sought review of the delegate’s decision in the Administrative Appeals Tribunal. In October 2022, the Tribunal affirmed the delegate’s decision by reference to the then current Direction 90.

The High Court rejected the appellant’s argument that he had “vested rights” under Direction 65.  The High Court held that the power conferred on the Tribunal by section 43(1) of the Administrative Appeals Tribunal Act 1975 (Cth) to exercise ‘all the powers and discretions that are conferred by any relevant enactment’ on the original decision-maker indicated that the Tribunal’s task was ‘to apply the laws governing the exercise of powers and discretions in force at the time of the Tribunal’s decision, and not at any earlier time’.

A link to the judgment is here: link.