ENT19 v Minister for Home Affairs & Anor

The applicant, ENT19, sought judicial review of a decision by the Minister for Home Affairs to refuse to grant ENT19 a visa. The dispute concerned the lawfulness of the Minister's decision, which was made under s 501(1) of the *Migration Act 1958* (Cth) (the Act). The matter was heard by the High Court of Australia.

The High Court was required to determine whether the Minister's decision to refuse the visa was vitiated by jurisdictional error. Specifically, the Court considered whether the Minister failed to consider relevant considerations or took into account irrelevant considerations when assessing ENT19's character for the purposes of s 501(1) of the Act. The Court also examined whether the Minister's delegate had properly understood and applied the statutory criteria for refusing a visa on character grounds.

The Court held that the Minister's delegate had made a jurisdictional error by failing to consider the purpose of the visa refusal, which was to protect the Australian community from the risk posed by ENT19. The delegate had focused on the fact that ENT19 had been convicted of an offence, but had not adequately considered the nature of the offence, the risk of reoffending, or the potential impact on the community if the visa were granted. The Court reiterated the principle that when exercising a power under s 501(1) of the Act, the decision-maker must consider all relevant considerations, including the purpose of the power, and must not be influenced by irrelevant considerations.

The High Court ordered that the decision of the Minister for Home Affairs be quashed.