Feng v Minister for Immigration

In the Federal Court of Australia, the applicant, Feng, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant Feng a visa, a decision that Feng contended was unlawful.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa application was affected by jurisdictional error. Specifically, the Court was required to consider whether the delegate of the Minister, in assessing Feng's application, had failed to take into account relevant considerations or had taken into account irrelevant considerations, thereby vitiating the decision-making process.

Judge Street found that the delegate had indeed failed to consider a crucial piece of evidence that was relevant to Feng's eligibility for the visa. This failure constituted a jurisdictional error, as it meant the decision was not made according to law. The Court reasoned that a proper assessment of the application necessitated a comprehensive review of all submitted material, and the omission of significant evidence meant the delegate had not properly exercised their power. Consequently, the Court quashed the Minister's decision.