Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft

The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) appealed to the High Court of Australia against a decision of the Full Federal Court, which had allowed an appeal by Mr Moorcroft. The dispute concerned the lawfulness of the Minister's decision to refuse to grant Mr Moorcroft a protection visa. Mr Moorcroft had arrived in Australia by boat and claimed to fear persecution in his country of origin.

The High Court was required to determine whether the Minister, in considering Mr Moorcroft's application for a protection visa, had failed to take into account a relevant consideration, namely the risk of harm Mr Moorcroft might face from non-state actors in his country of origin. This question turned on the proper interpretation of s 476 of the *Migration Act 1958* (Cth) and the scope of the Minister's duty to consider all relevant information when assessing a protection visa application.

The Court held that the Minister's delegate had failed to take into account a relevant consideration. The delegate's assessment had focused solely on the risk of harm from state actors, overlooking the potential for harm from non-state actors, which was a significant aspect of Mr Moorcroft's claims. The Court reaffirmed the principle that a decision-maker must consider all information that is relevant to the exercise of their power, and that a failure to do so can render the decision unlawful. The existence of a real chance of harm from non-state actors, even if not directly attributable to the state, was a relevant consideration in assessing a claim for protection.

The High Court dismissed the Minister's appeal, upholding the Full Federal Court's decision. Consequently, the Minister's decision to refuse the protection visa was set aside, and the matter was remitted to the Minister for reconsideration according to law.