SZDWK & Anor v MIMIA & Anor

The applicants, SZDWK and another individual, sought judicial review of decisions made by the Minister for Immigration and Multicultural Affairs and another respondent. The dispute concerned the validity of certain decisions made under the *Migration Act 1958* (Cth) concerning the applicants' immigration status. The matter was heard by Hayne and Crennan JJ of the High Court of Australia.

The central legal issue before the High Court was whether the decisions made by the Minister and the other respondent were affected by jurisdictional error. Specifically, the applicants contended that the decisions were vitiated by errors of law, which would render them invalid and liable to be quashed.

The Court's reasoning focused on the proper interpretation and application of the *Migration Act 1958* (Cth) and relevant administrative law principles. Hayne and Crennan JJ examined the nature of the decisions made and whether they conformed to the statutory requirements and the principles of administrative decision-making. The Court applied established principles concerning jurisdictional error, including the concept that a failure to exercise a power according to law can constitute such an error.

The High Court ultimately found that the decisions under review were affected by jurisdictional error. Consequently, the Court made orders quashing the decisions of the Minister and the other respondent.