SZEWV v MIMIA & Anor

The applicants, SZEWV 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' claims 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 assessing the applicants' claims, had failed to take into account relevant considerations or had taken into account irrelevant considerations, thereby exceeding or misapprehending the scope of the power conferred by the *Migration Act*. The applicants contended that the Minister's assessment process was flawed and did not comply with the statutory requirements.

In their joint judgment, Gummow and Heydon JJ analysed the relevant provisions of the *Migration Act* and the principles of administrative law concerning jurisdictional error. Their Honours emphasised that the Minister's duty was to exercise the power conferred by the Act according to its terms and for the purpose for which it was conferred. They found that the Minister's assessment had not been conducted in a manner that constituted a failure to take relevant considerations into account or the taking of irrelevant considerations. The court concluded that the Minister's decisions were not affected by jurisdictional error.

The High Court dismissed the applications for judicial review.