NATC & Anor v MIMIA

The applicants, NATC and another, sought special leave to appeal to the High Court of Australia from a decision of the Full Federal Court concerning the interpretation of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The dispute centred on whether the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) had correctly exercised his power to refuse to grant a protection visa to the applicants.

The primary legal issue before the High Court was whether the Minister's decision to refuse the protection visa was vitiated by a failure to consider relevant considerations or by the consideration of irrelevant considerations, as alleged by the applicants. This involved an examination of the scope of the Minister's duty to consider all relevant information when making a decision under the *Migration Act* and the *Migration Regulations*.

The High Court, in dismissing the application for special leave, indicated that the Full Federal Court had correctly applied established principles regarding the review of administrative decisions. Their Honours noted that the Full Federal Court had found that the Minister's delegate had indeed considered the relevant material before them and had not taken into account irrelevant considerations. The High Court did not consider that there was a question of law that warranted the grant of special leave to appeal.