Steed v Minister for Immigration and Ethnic Affairs

In the matter of Steed v Minister for Immigration and Ethnic Affairs, the Federal Court was called upon to review the deportation order of an individual against whom it was determined that they did not hold a valid visa. The appellant, Mr Steed, sought to challenge the decision of the Minister for Immigration and Ethnic Affairs, who had ordered his deportation following a review by the Administrative Appeals Tribunal. The central dispute revolved around whether the Minister's decision to deport the appellant was lawful, specifically whether the Minister had correctly applied a relevant ministerial policy during the process.

The primary legal issue before the court was whether the Minister had erred in law by not adequately considering a specific ministerial policy when making the decision to deport the appellant. The appellant argued that the Minister had failed to consider a policy that would have been relevant to the decision-making process, thereby committing an error of law. The court was required to determine whether the Minister's failure to consider this policy constituted a jurisdictional error and whether such an error warranted the setting aside of the deportation order.

The Federal Court found that the Minister had indeed failed to consider the relevant ministerial policy, but this oversight did not amount to an error of law of such a magnitude that it would render the decision unlawful. The court held that while the policy should have been considered, its omission did not lead to a conclusion that the Minister's decision was so flawed as to be unjust or unreasonable. The court emphasised that the policy was not determinative and that the Minister's decision to deport the appellant was otherwise lawfully made. Consequently, the court dismissed the appeal and upheld the deportation order.