Applicants S134-2002, Ex parte Re MIMIA, Plaintiff S157-02 v The Commonwealth

The applicants, identified as S134-2002, sought leave to appeal from a decision of the Federal Court of Australia in proceedings brought against the Commonwealth of Australia, identified as Plaintiff S157-02. The dispute concerned the validity of certain decisions made by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) in relation to the applicants. The High Court of Australia, comprising Gummow and Callinan JJ, heard the application for leave to appeal.

The central legal issue before the High Court was whether the Federal Court had erred in its determination that the Minister's decisions were not vitiated by jurisdictional error. Specifically, the applicants contended that the Minister had failed to take into account relevant considerations and had taken into account irrelevant considerations when making the decisions, thereby constituting a jurisdictional error that warranted review.

The High Court, in considering the application for leave to appeal, examined the scope of judicial review for jurisdictional error in administrative decision-making. Their Honours considered the principles established in cases such as *Minister for Immigration and Multicultural Affairs v Eshetu* and *Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002*. The Court's reasoning focused on whether the Federal Court had correctly applied these principles to the facts of the case, particularly in assessing whether the Minister's alleged errors amounted to a failure to exercise the power conferred by the relevant legislation.

Leave to appeal was refused.