Asmar & Ors v Albanese & Ors

The applicants, Asmar and others, sought judicial review of a decision made by the respondent, Mr. Albanese, in his capacity as the Minister for Infrastructure, Transport, Regional Development and Local Government. The dispute concerned the Minister's decision to approve a development proposal under the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) (EPBC Act). The applicants challenged the lawfulness of this approval.

The central legal issue before Gageler J was whether the Minister's decision to approve the development proposal was vitiated by a failure to consider relevant considerations or by taking into account irrelevant considerations, as required by administrative law principles and the EPBC Act. Specifically, the applicants argued that the Minister had failed to properly consider the environmental impacts of the proposal, including its potential effect on a listed threatened species, and had instead relied on extraneous factors.

Gageler J applied the principles of administrative law, particularly the grounds for judicial review concerning jurisdictional error. His Honour examined the evidence before the Minister and the reasons provided for the decision. The Court found that the Minister's assessment of the environmental impacts, including those relating to the threatened species, was not demonstrably flawed in a way that would constitute a failure to consider relevant matters or the consideration of irrelevant matters. The Minister's decision was found to have been made within the scope of his powers under the EPBC Act.

The application for judicial review was dismissed.