Du v Minister for Home Affairs

The applicant, Du, sought judicial review of a decision by a delegate of the Minister for Home Affairs to refuse her application for a visitor visa. The delegate was not satisfied that Ms. Du was a genuine temporary visitor, leading to the refusal.

The central legal issues before the Court were whether the delegate had identified a wrong issue in assessing the visa application, ignored relevant material, made a decision that was legally unreasonable, or exhibited bias. These questions were framed within the context of whether the delegate's decision involved jurisdictional error.

Judge Driver found no jurisdictional error in the delegate's decision. The Court reasoned that the delegate had properly considered the relevant criteria for a genuine temporary visitor visa and had not overlooked any material evidence. The delegate's assessment was found to be within the bounds of legal reasonableness, and there was no evidence of bias. Consequently, the application for judicial review was dismissed.