ENT19 v Minister for Home Affairs & Anor

The applicants, ENT19 and others, sought judicial review of decisions made by the Minister for Home Affairs and the Department of Home Affairs concerning their immigration status. The core of the dispute revolved around the lawfulness of the Minister's decision to refuse to revoke a deportation order made against the applicants, who were non-citizens facing removal from Australia. The matter was heard by the High Court of Australia.

The High Court was required to determine whether the Minister's decision to refuse revocation of the deportation orders was vitiated by an error of law. Specifically, the Court considered whether the Minister had failed to take into account relevant considerations or had taken into account irrelevant considerations when exercising the power under section 501(3) of the Migration Act 1958 (Cth) to revoke a deportation order. The applicants also contended that the Minister's decision was affected by jurisdictional error.

The Court's reasoning focused on the scope of the Minister's discretion under section 501(3) and the principles of administrative law governing the exercise of such powers. The majority held that the Minister's decision was not affected by jurisdictional error. They found that the Minister had properly considered the relevant factors, including the character of the applicants and the risk they posed to the Australian community, as required by the legislation. The Court affirmed that the Minister's assessment of these factors, even if arguably harsh, did not amount to an error of law.

The High Court dismissed the applications for judicial review.