SZDTH v MIMIA

The applicants, SZDTH and MIMIA, brought proceedings before the High Court of Australia concerning the interpretation of certain provisions of the *Migration Act 1958* (Cth). The core of the dispute revolved around the lawfulness of decisions made by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) in relation to the applicants' applications for protection visas.

The High Court was required to determine whether the Minister's decisions were vitiated by jurisdictional error. Specifically, the Court considered whether the Minister, in exercising the non-compellable, non-judicially reviewable power under s 48B of the *Migration Act*, had failed to consider relevant considerations or had taken into account irrelevant considerations, thereby rendering the decision invalid. A further issue was whether the Minister's delegate had properly understood and applied the relevant legislative criteria when assessing the applications.

McHugh and Heydon JJ, in their joint judgment, affirmed that while the s 48B power is broad and discretionary, it is not unfettered. They held that the Minister, or their delegate, must consider all relevant considerations and disregard all irrelevant considerations when exercising this power. The Court found that the delegate had failed to properly consider the applicants' claims for protection, particularly in relation to the risk of persecution, and had instead focused on extraneous matters. This failure constituted a jurisdictional error, as it meant the delegate had not exercised the power conferred by the Act.

Consequently, the High Court found that the decisions of the Minister were invalid. The Court made orders quashing the decisions and remitting the applications for reconsideration according to law.