Bajwa v Minister for Immigration

In the Federal Court of Australia, Justice Purdon-Sully considered the application of Mr. Bajwa for judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant Mr. Bajwa a visa, a decision Mr. Bajwa contended was unlawful.

The central legal issue before the Court was whether the Minister's decision to refuse the visa application was affected by jurisdictional error. Specifically, the Court was required to determine if the delegate of the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing Mr. Bajwa's application, thereby vitiating the decision.

Justice Purdon-Sully reasoned that the delegate's assessment had indeed been flawed. The Court found that the delegate had failed to properly consider the evidence presented by Mr. Bajwa regarding his genuine temporary entrant status, a crucial factor in the visa assessment. The delegate's reliance on assumptions and a mischaracterisation of certain aspects of Mr. Bajwa's circumstances amounted to a failure to engage with the material before them. This failure constituted a jurisdictional error, as the delegate had not exercised their power according to law.

Consequently, the Court ordered that the Minister's decision be set aside.