Minister for Immigration, Local Government and Ethnic Affairs v Dhillon

In the case of Minister for Immigration, Local Government and Ethnic Affairs v Dhillon, the court was tasked with reviewing the decision of the Minister to refuse the applicant's application for resident status and to order her deportation. The applicant, a citizen of India, had been living in Australia for many years and had married an Australian citizen. The primary issue before the court was whether the marriage was genuine and, if so, whether the Minister's decision to refuse the applicant's application for resident status and order her deportation was lawful.

The court held that the primary judge had erred in law by considering the applicant's conduct at a time after the decision had been made, rather than at the time the decision was made. The court held that the primary judge should have considered the applicant's conduct at the time the decision was made, which was when the marriage was entered into. The court held that the primary judge had failed to consider the evidence in its entirety and had failed to make findings of fact upon which the decision could be based. The court held that the Minister's decision was unlawful and remitted the matter to the Minister for reconsideration.

The court found that the applicant's marriage to the Australian citizen was genuine and that the Minister's decision to refuse the applicant's application for resident status and order her deportation was therefore unlawful. The court held that the Minister was required to reconsider the application in light of the findings of fact made by the court. The court did not make any orders as to the costs of the proceedings.