Ordonez, Ex parte - Re Min for Immig

The applicant, Ordonez, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant Ordonez a visa. The matter came before Callinan J, sitting in chambers.

The central legal issue before the Court was whether the Minister's decision to refuse the visa was vitiated by an error of law, specifically whether the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when making the decision.

Callinan J found that the Minister's delegate had failed to give proper consideration to the applicant's submissions regarding his rehabilitation and his genuine remorse for past conduct. The delegate had also taken into account a previous, unrelated criminal matter that was not relevant to the current visa application. His Honour applied the principles established in cases concerning administrative decision-making, which require decision-makers to consider all relevant material and disregard irrelevant material.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for reconsideration according to law.