Huynh, Ex parte - Re Min for Immigration

This matter concerned an application by Mr Huynh for an order of certiorari to quash a decision of the Minister for Immigration. The application was heard by Hayne J in chambers.

The central legal issue before the Court was whether the Minister's decision to refuse to grant Mr Huynh a visa was affected by jurisdictional error. Specifically, the Court was required to consider whether the Minister had failed to take into account a relevant consideration or had taken into account an irrelevant consideration when making the decision.

Hayne J found that the Minister's decision was not affected by jurisdictional error. His Honour reasoned that the Minister had considered all the relevant factors presented by Mr Huynh and had not taken into account any irrelevant considerations. The application for certiorari was therefore dismissed.