Behrooz & Ors v Secretary, DIMIA & Ors

The applicants, Behrooz and others, sought judicial review of decisions made by the Secretary of the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) and the Minister for Immigration and Multicultural and Indigenous Affairs. The dispute concerned the lawfulness of the Minister's decision to refuse to revoke a deportation order made under s 501(1) of the *Migration Act 1958* (Cth) against the applicants, who were non-citizens convicted of serious criminal offences. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to refuse to revoke the deportation order was vitiated by a failure to consider relevant considerations, specifically the applicants' claims that they would be at real risk of serious harm, torture, or death if returned to their country of origin. This raised questions about the scope of the Minister's discretion under s 501(2) of the *Migration Act* and the extent to which the Minister was obliged to consider such claims when deciding whether to revoke a deportation order.

The High Court, in a joint judgment, held that the Minister's discretion under s 501(2) was not unfettered and that the Minister was required to consider all relevant considerations, including claims of potential harm in the country of origin. The Court reasoned that to fail to consider such claims would be to exercise the discretion in a manner that was legally unreasonable. The Court emphasised that the Minister's power to revoke a deportation order was a safeguard against the deportation of individuals to circumstances where they would face serious harm, and that this safeguard must be given proper consideration.

The High Court allowed the appeals, quashed the Minister's decisions, and remitted the matters to the Minister for reconsideration according to law.