NAJK v MIMIA

The High Court of Australia heard an appeal concerning the interpretation of the *Migration Act 1958* (Cth) in *NAJK v MIMIA*. The appellant, NAJK, sought judicial review of a decision made by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) to refuse to grant a protection visa. The core of the dispute revolved around whether the Minister had adequately considered certain information provided by the appellant when making the decision.

The central legal issue before the High Court was whether the Minister, in exercising the non-compellable, non-discretionary power under s 48B of the *Migration Act 1958* (Cth) to refer a protection visa application to the Minister for Immigration for consideration, was required to consider all information before the Minister at the time of the decision, including information that might have been provided after the initial assessment. Specifically, the court had to determine the scope of the Minister's duty to consider information in the context of s 48B.

McHugh and Heydon JJ held that the Minister's power under s 48B was a power to be exercised by the Minister personally, and that the Minister was required to consider all information before him at the time of the decision. Their Honours reasoned that the statutory language did not suggest a limited scope of consideration and that a failure to consider relevant information would render the decision invalid. The court applied the principle that administrative decision-makers must consider all relevant material placed before them.

The appeal was allowed, and the decision of the Minister was set aside. The matter was remitted to the Minister for reconsideration according to law.