STYB v MIMIA & Anor; STDB v MIMIA & Anor

The High Court of Australia heard appeals in two related matters, *STYB v MIMIA & Anor* and *STDB v MIMIA & Anor*. The central dispute concerned the interpretation and application of the *Migration Act 1958* (Cth) and its interaction with the *Administrative Decisions (Judicial Review) Act 1977* (Cth) in the context of decisions made by the Minister for Immigration and Multicultural and Indigenous Affairs. The applicants sought to challenge certain decisions made by the Minister, which they contended were affected by jurisdictional error.

The primary legal issue before the High Court was whether the Minister's decisions, which involved the exercise of a non-compellable discretion under the *Migration Act*, were amenable to judicial review under the *Administrative Decisions (Judicial Review) Act* for jurisdictional error. Specifically, the Court had to determine whether the Minister's failure to consider relevant considerations or taking into account irrelevant considerations in the exercise of this discretion constituted a jurisdictional error that could be reviewed by the Federal Court.

The High Court, in a joint judgment, held that the Minister's exercise of a non-compellable discretion under the *Migration Act* was not a "decision to which the Administrative Decisions (Judicial Review) Act applies" for the purposes of judicial review. Their Honours reasoned that the *Administrative Decisions (Judicial Review) Act* was intended to apply to decisions that were required to be made, not to discretionary powers that the decision-maker was not obliged to exercise. Consequently, the Court found that the Federal Court lacked jurisdiction to review the Minister's decisions on the grounds of jurisdictional error as alleged by the applicants. The appeals were allowed, and the applications for judicial review were dismissed.