SZERX & Anor v MIMIA & Anor

The applicants, SZERX and another individual, sought judicial review of decisions made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and the Department of Home Affairs. The dispute concerned the refusal to grant the applicants visas, specifically challenging the lawfulness of the Minister's decision to refuse to revoke a deportation order made against the first applicant.

The primary legal issue before the court was whether the Minister's decision to refuse to revoke the deportation order was affected by jurisdictional error. This involved considering whether the Minister had failed to take into account relevant considerations or taken into account irrelevant considerations when making that decision, and whether the Minister's exercise of discretion was vitiated by an error of law.

Kirby J found that the Minister's decision was affected by jurisdictional error. His Honour held that the Minister had failed to consider a crucial piece of evidence, namely, a letter from the first applicant's employer detailing his significant contributions to the Australian community and the potential negative impact of his deportation. This failure meant that the Minister had not properly considered all relevant factors in exercising the discretion to revoke the deportation order, thereby vitiating the decision. The court therefore found that the Minister's decision was unlawful.