Liu v Minister for Immigration

In the Federal Court of Australia, the applicant, Liu, sought judicial review of a decision made by the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the Minister's decision to refuse to grant the applicant a visa.

The primary legal issue before the Court was whether the Minister's delegate had failed to consider relevant considerations and had taken into account irrelevant considerations when assessing the applicant's eligibility for the visa. Specifically, the Court was asked to determine if the delegate had adequately considered the applicant's submissions regarding their rehabilitation and remorse, and whether the delegate had improperly relied on information that was not before them at the time of the decision.

Judge Manousaridis found that the delegate had failed to properly consider the applicant's submissions concerning their rehabilitation and remorse, which were relevant factors in the assessment of the applicant's character. The Court held that the delegate had also taken into account information that was not before them, thereby vitiating the decision-making process. The Court applied the principles of administrative law concerning the duty to consider relevant material and the prohibition against considering irrelevant material.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.