Hari Das & Anor, Ex Parte - Re MIMA & Anor M47/2001

This matter concerned an application by Hari Das and another for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs and another. The application was heard by Hayne J in chambers.

The primary legal issue before the court was whether the Minister's decision to refuse to grant a protection visa to the applicants was affected by an error of law, specifically whether the Minister failed to consider relevant considerations or took into account irrelevant considerations in making that decision.

Hayne J considered the principles of administrative law concerning the duty of a decision-maker to consider all relevant factors and to disregard irrelevant ones. His Honour reviewed the material before the Minister and the reasons provided for the refusal of the visa. The court found that the Minister had failed to give adequate consideration to certain crucial aspects of the applicants' claims, thereby vitiating the decision.

The court made orders absolute in favour of the applicants, quashing the Minister's decision and remitting the matter to the Minister for reconsideration according to law.