Dang, Ex parte - Re MIMA

This matter concerned an application by Mr. Dang for an order of certiorari to quash 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 the protection visa was affected by an error of law, specifically whether the Minister failed to consider relevant considerations or took into account irrelevant considerations when making the decision.

Hayne J found that the Minister's delegate had failed to consider a crucial piece of evidence, namely a letter from the applicant's solicitor dated 10 October 2000, which contained significant information relevant to the applicant's claims. This failure constituted an error of law, as it meant the delegate did not properly consider all the material before them. The Court applied the principle that an administrative decision-maker must consider all relevant evidence and must not be influenced by irrelevant considerations.

The Court made an order quashing the decision of the Minister and remitting the application for a protection visa to the Minister for reconsideration according to law.