Gajjar v Minister for Immigration and Citizenship

In *Gajjar v Minister for Immigration and Citizenship*, Kiefel J of the High Court of Australia considered an application for judicial review concerning the Minister's decision to refuse a visa. The applicant, Mr. Gajjar, sought to challenge the lawfulness of the delegate's decision to refuse his application for a partner visa (subclass 820).

The central legal issue before the Court was whether the delegate's decision to refuse the visa application was affected by jurisdictional error. Specifically, the Court had to determine if the delegate failed to consider relevant considerations or took into account irrelevant considerations when assessing the applicant's eligibility for the visa, thereby vitiating the decision-making process.

Kiefel J found that the delegate had indeed failed to consider a crucial piece of evidence submitted by the applicant, which was relevant to establishing the genuineness of the relationship. This failure constituted a jurisdictional error because it meant the delegate did not properly exercise the power conferred upon them by the *Migration Act 1958* (Cth). The principle applied was that a failure to consider relevant material can render a decision invalid.

Consequently, Kiefel J made orders setting aside the delegate's decision and remitting the matter to the Minister for reconsideration according to law.