Soetanto, Ex parte - Re Min for Immig and Multicultural Affairs

This matter concerned an application by Mr Soetanto for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs. The Minister had refused to grant Mr Soetanto a visa.

The primary legal issue before Gummow J was whether the Minister's decision to refuse the visa was affected by an error of law, specifically whether the Minister had failed to take into account a relevant consideration or had taken into account an irrelevant consideration.

Gummow J found that the Minister's decision was vitiated by an error of law. His Honour held that the Minister had failed to consider a crucial piece of evidence, namely a letter from the applicant's employer which confirmed his employment and the reasons for his absence from Australia. This failure meant that the Minister had not properly considered the applicant's circumstances as required by the relevant legislation.

The application for certiorari was granted, and the Minister's decision was quashed.