Maleknia v Minister for Industry and Science

The applicant, Mr Maleknia, sought judicial review of a decision made by the Minister for Industry and Science, which refused to grant him a visa. The Minister's decision was based on the applicant's failure to meet the criteria for a skilled migration visa, specifically the points test. The matter came before the Federal Court of Australia.

The central legal issue before the Court was whether the Minister's decision to refuse the visa application was affected by an error of law. This involved determining whether the delegate of the Minister had properly considered all relevant factors and applied the correct legal principles when assessing the applicant's eligibility for the visa, particularly in relation to the points allocated for his qualifications and work experience.

Judge Manousaridis found that the delegate had made an error of law by failing to properly consider the applicant's submitted evidence regarding his qualifications and work experience. The delegate had, in effect, disregarded crucial information that, if properly assessed, would have resulted in the applicant achieving the required points for the visa. The Court reiterated the principle that a decision-maker must genuinely consider all evidence before them and cannot arbitrarily disregard relevant material.

The Court quashed the Minister's decision and remitted the matter to the Minister for reconsideration according to law.