AWU15 v Minister for Immigration

The applicant, AWU15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's decision to refuse to grant AWU15 a visa. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa was affected by jurisdictional error. Specifically, the Court was required to consider whether the delegate of the Minister had failed to take into account a relevant consideration, namely the applicant's submission of a statutory declaration from a former employer, when assessing the application.

Judge Lucev found that the delegate had indeed failed to consider the statutory declaration. The Court reasoned that the declaration was a relevant consideration because it directly addressed a key criterion for the visa application. By overlooking this document, the delegate had failed to undertake the assessment required by the relevant legislation, thereby vitiating the decision with jurisdictional error. The Court quashed the Minister's decision.