FEB17 v Minister for Immigration

The applicant, FEB17, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant FEB17 a visa. The matter was heard before Judge Street in the Federal Circuit and Family Court of Australia.

The central 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 determine if the delegate of the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing FEB17's application, thereby vitiating the decision-making process.

Judge Street found that the delegate had indeed failed to consider a crucial piece of evidence that was before them at the time of the decision. This failure to consider relevant material amounted to a jurisdictional error. The Court applied the principle that a failure to consider a relevant consideration is a ground for judicial review, as it means the decision-maker has not exercised their power according to law.

Consequently, the Court quashed the Minister's decision and remitted the matter to the Minister for redetermination according to law.