ALBERT & WORKMAN

Albert and Workman (the applicants) sought judicial review of a decision made by the respondent, the Minister for Immigration, Citizenship and Multicultural Affairs. The applicants, who were asylum seekers, had their applications for a protection visa refused by the Minister. They challenged this refusal in the Federal Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the protection visa applications was affected by jurisdictional error. Specifically, the applicants contended that the Minister failed to consider relevant considerations and took into account irrelevant considerations when assessing their claims for protection, thereby breaching the requirements of the *Migration Act 1958* (Cth).

Betts J found that the Minister's delegate had failed to adequately consider the applicants' claims regarding their fear of persecution in their country of origin, particularly in relation to specific events and circumstances they had described. The Court held that this failure constituted a jurisdictional error, as it meant the delegate had not properly exercised the power conferred by the *Migration Act*. The principles of administrative law regarding the proper exercise of statutory power, including the duty to consider all relevant material and disregard irrelevant material, were applied.

Consequently, Betts J quashed the delegate's decision and remitted the applications for protection visas to the Minister for reconsideration according to law.