AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors

The applicant, AZC20, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, and the second and third respondents, concerning the applicant's visa status. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's delegate had failed to consider relevant considerations and had taken into account irrelevant considerations when making a decision under section 501(1) of the *Migration Act 1958* (Cth) to refuse to grant the applicant a visa. This involved an examination of the scope of the Minister's powers and the procedural fairness obligations owed to the applicant.

The High Court held that the delegate had failed to consider relevant considerations, specifically the applicant's submissions regarding their rehabilitation and prospects of future good conduct. The Court reasoned that the delegate's decision was vitiated by this failure, as it meant the delegate had not properly assessed the risk posed by the applicant to the Australian community, which was a core consideration under section 501(1). The Court applied the principles established in *Minister for Immigration and Border Protection v PTY17* [2020] HCA 13, which emphasise the importance of considering all relevant material when exercising powers under section 501.

The High Court ordered that the application for judicial review be granted, the decision of the Minister's delegate be quashed, and the matter be remitted to the Minister for redetermination according to law.