Goldie & Anor, Ex parte - Re MIMA, Goldie v MIMA

The applicants, Goldie and another, sought judicial review of a decision made by the Minister for Immigration and Multicultural Affairs (MIMA). The dispute concerned the Minister's refusal to grant a protection visa to the applicants. The matter came before Gummow J in chambers.

The primary legal issue before the Court was whether the Minister's decision to refuse the protection visa was affected by jurisdictional error. This involved determining whether the Minister had failed to take into account a relevant consideration or had taken into account an irrelevant consideration when making the decision.

Gummow J found that the Minister's decision was vitiated by jurisdictional error. His Honour reasoned that the Minister had failed to consider a crucial piece of evidence that was central to the applicants' claim for protection. This failure meant that the Minister had not properly applied the relevant legislative criteria for granting a protection visa, thereby constituting a failure to exercise the power conferred by the legislation according to law.

The Court made orders quashing the Minister's decision and remitting the application for a protection visa to the Minister for reconsideration according to law.