Lu, Ex parte - Re Minister for Immigration

This matter concerned an application by Lu for an order of certiorari to quash a decision of the Minister for Immigration. The Minister had made a decision under s 501(1) of the *Migration Act 1958* (Cth) to refuse to grant Lu a visa on character grounds. Lu sought judicial review of this decision.

The primary legal issue before Hayne J was whether the Minister's decision to refuse the visa was affected by jurisdictional error. Specifically, the question was whether the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when making the decision to refuse the visa on character grounds.

Hayne J found that the Minister's delegate had failed to consider a significant amount of material that was relevant to the character assessment, including evidence of Lu's rehabilitation and efforts to address the underlying issues that led to his criminal conduct. The delegate had also placed undue weight on certain aspects of Lu's criminal history without adequately balancing them against the mitigating factors presented. Consequently, Hayne J concluded that the decision was affected by jurisdictional error.

The application for certiorari was granted, and the Minister's decision to refuse the visa was quashed. The matter was remitted to the Minister for reconsideration according to law.