Lee and Anor v Commonwealth of Australia and Anor

The applicants, Mr. and Mrs. Lee, brought proceedings against the Commonwealth of Australia and the Minister for Immigration and Multicultural Affairs. The dispute concerned the validity of certain decisions made by the Minister under the *Migration Act 1958* (Cth) and the *Administrative Decisions (Judicial Review) Act 1977* (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's delegate had acted unlawfully in refusing to grant the applicants a visa. Specifically, the court was required to determine whether the delegate's decision was vitiated by a failure to consider relevant considerations or by taking into account irrelevant considerations, thereby constituting an error of law under the *Administrative Decisions (Judicial Review) Act 1977* (Cth).

The Chief Justice, French CJ, found that the delegate's decision-making process had been flawed. His Honour reasoned that the delegate had failed to give adequate weight to the applicants' submissions regarding their genuine and subsisting relationship, which was a crucial factor in assessing their eligibility for the visa. The principle applied was that administrative decision-makers must consider all relevant factors and must not be influenced by irrelevant factors when exercising their statutory powers. The failure to properly consider the evidence of the relationship meant the decision was affected by an error of law.

The High Court made orders allowing the appeal, setting aside the decision of the primary judge, and remitting the matter to the Federal Court of Australia for re-hearing.