Nguyen & Ors v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter came before the High Court of Australia concerning a judicial review application brought by the applicants, Mr Nguyen and others, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The central dispute revolved around the decision-maker's consideration of material provided by the applicants. The applicants contended that the delegate failed to properly consider all the material before them, particularly in circumstances where there may not have been a timely response to a request for further information. They argued that even in such situations, the delegate was obliged to "grapple" with all available material, not simply make an adverse decision.

The High Court was required to determine whether the delegate had adequately considered the material before making their decision, and whether the applicants' judicial review point, that the delegate failed to engage with the evidence, was valid. The Court also considered the procedural steps necessary to resolve the matter, including the potential for an oral hearing and the compilation of a comprehensive court book. The applicants specifically raised the issue of remittal, referencing the *Gajjar* issue, and sought to establish that the delegate's approach was flawed.

His Honour, having reviewed the initial papers, indicated that the matter could likely be determined on the papers, subject to further submissions and the compilation of a joint court book. The Court ordered the parties to prepare and file an agreed court book by 29 April 2022, containing all material before the original decision-maker. Leave was granted for both parties to file further written submissions, with the plaintiff to file by 16 May 2022, the defendant by 13 June 2022, and the plaintiff to file a reply by 27 June 2022. The Court indicated that an oral hearing would be listed if necessary after reviewing the additional material, otherwise, a decision would be made on the papers, either remitting the matter or deciding the substantive judicial review application.