S and S

The Full Federal Court considered an appeal in *S and S* concerning the interpretation and application of the *Migration Act 1958* (Cth). The dispute arose from a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a visa to the applicant. The applicant sought judicial review of this decision.

The primary legal issues before the Full Federal Court were whether the Minister's delegate had erred in law by failing to consider relevant considerations and by taking into account irrelevant considerations when assessing the applicant's eligibility for the visa. Specifically, the court had to determine if the delegate's assessment of the applicant's character and potential risk to the Australian community was legally sound.

The Full Federal Court found that the delegate had indeed failed to consider crucial information that was relevant to the assessment of the applicant's character, thereby misinterpreting and misapplying the relevant legislative provisions. The court emphasised that a proper assessment requires a comprehensive and balanced consideration of all available information, both favourable and unfavourable. The reasoning applied underscored the principle that administrative decision-makers must act within the bounds of the power conferred upon them by statute and must afford procedural fairness to applicants.

Consequently, the Full Federal Court allowed the appeal, set aside the decision of the primary judge, and remitted the matter to the Minister for redetermination according to law.