FVU18 v Minister for Home Affairs

In the Federal Circuit and Family Court of Australia, Judge Vasta considered the application of FVU18, a non-citizen, for judicial review of a decision made by the Minister for Home Affairs. The Minister had refused to grant FVU18 a visa, and FVU18 sought to challenge this refusal.

The central legal issue before the Court was whether the Minister's decision to refuse the visa was affected by an error of law. Specifically, FVU18 contended that the delegate who made the original decision failed to consider relevant information and, in doing so, acted contrary to the principles of administrative law.

Judge Vasta found that the delegate had indeed failed to consider crucial information that was before them at the time of the decision. This failure meant that the decision was not made according to law, as required by the *Migration Act 1958* (Cth) and general principles of administrative law. The Court reasoned that a failure to consider relevant material constitutes an error of law, rendering the decision invalid.

Consequently, the Court set aside the Minister's decision and remitted the matter to the Minister for reconsideration according to law.