Innes v Commonwealth of Australia

The applicants, Mr and Mrs Innes, sought judicial review of a decision by the Commonwealth of Australia to refuse their application for a visa. The dispute concerned the lawfulness of the decision-maker's assessment of the applicants' eligibility for a visa under the *Migration Act 1958* (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the delegate of the Minister for Immigration and Citizenship had erred in law by failing to consider relevant considerations and by taking into account irrelevant considerations when assessing the applicants' eligibility for a visa. Specifically, the applicants contended that the delegate had failed to properly consider the evidence they had provided regarding their genuine relationship and had instead relied on assumptions and inferences that were not supported by the evidence.

The High Court found that the delegate had indeed failed to properly consider the evidence before them. The Court held that the delegate's decision was vitiated by a failure to engage with the substance of the applicants' submissions and evidence, particularly concerning the genuineness of their relationship. The delegate had impermissibly relied on assumptions and inferences that were not logically derived from the evidence, thereby failing to undertake the required assessment of the facts. The Court reiterated the principle that a decision-maker must genuinely consider all relevant material and not act on assumptions or irrelevant factors.

The High Court ordered that the decision of the delegate be quashed and remitted the matter to the Minister for Immigration and Citizenship to be determined according to law.