CFE16 v Minister and CFD16 v Minister

In CFE16 v Minister and CFD16 v Minister, the Federal Circuit Court of Australia considered applications for judicial review concerning decisions made by the Minister regarding protection visas. The applicants, identified as CFE16 and CFD16, sought to challenge these decisions.

The central legal issue before the Court was whether the relevant decision-maker had failed to consider the best interests of the child as a primary consideration, as mandated by the United Nations Convention on the Rights of the Child, in determining the applications for protection visas.

Judge Riethmuller found that the Tribunal had indeed failed to give paramount consideration to the best interests of the child. Applying the principles established in international human rights law and domestic administrative law, the Court determined that this failure constituted a reviewable error. Consequently, the applications for judicial review were allowed, and the Court ordered that the writs be issued.