S1983 of 2003 v Minister for Immigration and Multicultural Affairs

In the matter of S1983 of 2003, the appellant, a non-citizen, sought judicial review of a decision made by the Minister for Immigration and Multicultural Affairs, the second respondent. The Minister had declined to review a decision of a delegate, dated 31 May 1999, that revoked the appellant's visa. The Federal Magistrates Court dismissed the appeal, prompting an appeal to the Federal Court.

The central legal issue was whether the Minister was obligated to consider new evidence that had not been before the delegate when the initial decision was made. The appellant argued that the Minister should have exercised a discretion to consider the new evidence, while the Minister contended that the new evidence was irrelevant and that the Minister was not required to consider it. The court was required to determine the extent of the Minister's discretion in reviewing a delegate's decision and the appropriate standard of review.

The court found that the Minister had a discretion to consider new evidence, and this discretion was subject to judicial review. The Minister's decision not to consider the new evidence was found to be unreasonable, as it did not take into account all relevant considerations. The court set aside the decision of the Federal Magistrates Court and quashed the Minister's decision, ordering a redetermination of the appellant's application for review. The court also found that the Minister should pay the appellant's costs of the appeal and the proceedings in the Federal Magistrates Court.

The Federal Court allowed the appeal and set aside the orders made by the Federal Magistrates Court. It issued a writ of prohibition to prevent the Minister from acting on the delegate's decision and writs of certiorari and mandamus to quash the decision and require a redetermination of the appellant's application for review. The Minister was ordered to pay the appellant's costs of the appeal and the proceedings in the Federal Magistrates Court.