AHE18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2)

In the Federal Circuit and Family Court of Australia, AHE18 has successfully challenged a decision of the Minister for Immigration, Citizenship and Multicultural Affairs. The applicant sought judicial review of the Minister's decision to cancel their visa on the basis of an error of law. The matter proceeded on a reduced version of the further amended application, with the applicant amending their application twice and filing additional evidence. The court's primary judgment found in favour of the applicant and issued constitutional writs.

The legal issues that the court had to resolve were whether the Minister's decision to cancel the applicant's visa was lawful and whether the Minister had properly considered the relevant evidence and applicable law. The court examined the administrative decision-making process and the grounds of review, including whether there was an error of law on the face of the record. The court found that the Minister had made an error of law in their decision and that the applicant was entitled to relief.

The court's reasoning was based on a detailed analysis of the applicable law and the facts of the case. The court found that the Minister had failed to properly consider the relevant evidence and had made an error of law in their decision to cancel the applicant's visa. The court concluded that the applicant was entitled to relief and issued constitutional writs in their favour.

In light of the court's findings, the applicant's solicitor has applied for an order that the Minister pay the applicant's costs in the sum of $12,828.20. The Minister has consented to the order, and the court is likely to grant it. The court's decision provides important guidance on the legal principles that apply to administrative decision-making in immigration cases and the grounds of review that are available to applicants.