FAIRA Aboriginal Corporation v Minister for Aboriginal and Torres Strait Islander Affairs

FAIRA Aboriginal Corporation brought proceedings against the Minister for Aboriginal and Torres Strait Islander Affairs, challenging the legality of the Minister's decision to refuse to recognise the organisation as a representative body of Aboriginal people for the purposes of the Aboriginal and Torres Strait Islander Commission Act 2003 (Cth). The High Court of Australia was called upon to review the decision of the Federal Court of Australia.

The primary legal issue before the Court was whether the Minister's decision was subject to judicial review and, if so, whether it was lawful. The applicant argued that the decision was not in accordance with the statutory criteria and was therefore invalid. The respondent contended that the decision was immune from review because it was a political or policy decision, or alternatively, that the decision was lawful.

The Court held that the Minister's decision was subject to judicial review and was not immune from review on the basis that it was a political or policy decision. The Court found that the statutory criteria required the Minister to consider whether the organisation represented Aboriginal people in the relevant geographical area, and whether the organisation was representative of the views of Aboriginal people in that area. The Court held that the Minister's decision was not in accordance with the statutory criteria because he had failed to consider whether the organisation was representative of the views of Aboriginal people in the relevant geographical area. The Court also held that the decision was unlawful because the Minister had failed to consider relevant information that was available to him at the time of the decision.

The Court ordered that the application for an order for review be dismissed, and that the applicant pay the respondent's costs of and incidental to these proceedings, including reserved costs if any, from 18 August 2000, to be taxed if not agreed.