MZWYY & Ors v MIMIA & Anor

The applicants, MZWYY and others, sought judicial review of decisions made by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) and the second respondent, the Immigration Review Tribunal. The dispute concerned the lawfulness of the Minister's decision to refuse to revoke a deportation order made against the applicants, who were non-citizens. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to refuse to revoke the deportation order was vitiated by a failure to consider relevant considerations or by the consideration of irrelevant considerations. Specifically, the applicants argued that the Minister had failed to take into account the fact that they had been granted permanent residency in Australia after the deportation order was made, and that this failure rendered the decision unlawful.

The High Court, comprising Heydon and Crennan JJ, found that the Minister's decision-making process was flawed. Their Honours held that the Minister was bound to consider all relevant considerations, and that the grant of permanent residency to the applicants after the deportation order was a significant and relevant consideration that ought to have been taken into account. The failure to do so meant that the Minister's decision was based on an incomplete and therefore unlawful assessment of the circumstances.

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