Dang, Ex parte - Re MIMA

This matter concerned an application by Mr. Dang for an order to set aside a decision of the Minister for Immigration and Multicultural Affairs (MIMA) to refuse to grant him a protection visa. The application was heard by Hayne J in chambers.

The central legal issue before the Court was whether the Minister's decision to refuse Mr. Dang a protection visa was affected by jurisdictional error. This required the Court to consider whether the Minister had failed to take into account a relevant consideration or taken into account an irrelevant consideration when making the decision.

Hayne J found that the Minister's delegate had failed to consider a significant portion of the evidence provided by Mr. Dang, specifically evidence relating to his fear of persecution in his country of origin. This failure constituted a failure to take into account a relevant consideration, thereby vitiating the decision. The Court held that such a failure amounted to jurisdictional error.

Consequently, Hayne J made an order setting aside the decision of the Minister and remitting the application for a protection visa to the Minister for reconsideration according to law.