EKO19 v Minister for Immigration

The applicant, EKO19, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant EKO19 a visa. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa was affected by jurisdictional error. Specifically, the Court was required to consider whether the delegate of the Minister had failed to take into account a relevant consideration, or had taken into account an irrelevant consideration, when assessing EKO19's application.

Judge Egan found that the delegate had failed to properly consider material submitted by EKO19, which was a relevant consideration under the relevant legislative provisions. This failure constituted a jurisdictional error. Consequently, the Minister's decision was set aside. The Court ordered that the application for the visa be remitted to the Minister for redetermination according to law.