SR & SA

The Full Court of the Federal Court of Australia, comprising Kay and Coleman JJ and Warnick J, considered an appeal 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 applicants, SR and SA. The applicants sought judicial review of this decision, which was subsequently dismissed by a single judge of the Federal Court. This appeal to the Full Court followed.

The central legal issues before the Full Court were whether the Minister's decision to refuse the visa was affected by jurisdictional error, and specifically, whether the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when making the decision. The applicants contended that the delegate of the Minister had failed to properly consider certain information provided in support of their visa application, thereby vitiating the decision.

The Court analysed the principles of administrative law governing the exercise of ministerial powers under the *Migration Act*. It affirmed that a failure to consider a relevant consideration or the consideration of an irrelevant consideration can constitute jurisdictional error. However, the Court found that the delegate had, in fact, considered the material before them and had provided adequate reasons for their decision. The Court emphasised that it was not its role to re-exercise the discretion vested in the Minister, but rather to determine whether that discretion had been exercised lawfully. The Court concluded that no jurisdictional error had occurred.

Consequently, the appeal was dismissed.