Chen v Minister for Immigration

In *Chen v Minister for Immigration*, the applicant sought judicial review of a delegate of the Minister's decision to refuse a resident return visa. The applicant contended that the delegate's decision was unreasonable and that the delegate had misinterpreted the relevant regulations.

The primary legal issues before the Court were whether the delegate's decision was so unreasonable that it constituted jurisdictional error, and whether the delegate had misinterpreted the provisions of the *Migration Regulations 1994* (Cth) concerning the grant of a resident return visa.

Judge Driver found that the delegate's decision was not unreasonable. The Court applied the principles of administrative law, including the test for unreasonableness as established in cases such as *Briginshaw v Briginshaw* and *Minister for Immigration and Ethnic Affairs v Teoh*. The Court concluded that the delegate had properly considered the relevant criteria under the *Migration Regulations 1994* and had not misinterpreted the law. Accordingly, there was no jurisdictional error.

The application for judicial review was dismissed.