SZFEG v MIAC & Anor

The applicants, SZFEG and another, sought judicial review of decisions made by the Migration Agents Registration Authority (MARA) and the Minister for Immigration and Citizenship (MIAC). The dispute concerned the refusal to grant SZFEG a migration agent registration, a decision upheld on internal review by MARA and subsequently by MIAC. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the decisions of MARA and MIAC were vitiated by jurisdictional error. Specifically, the court was required to determine if the delegate of the Minister, in refusing registration, had failed to take into account relevant considerations or had taken into account irrelevant considerations, thereby rendering the decision legally invalid.

In their reasoning, Hayne and Crennan JJ focused on the nature of the power exercised by the delegate. They held that the delegate's decision-making process involved a failure to consider a crucial piece of information that was relevant to the assessment of SZFEG's suitability for registration. This failure to consider a relevant consideration amounted to a jurisdictional error, as it meant the delegate did not exercise the power conferred upon them by the relevant legislation. The court affirmed the principle that administrative decision-makers must consider all relevant factors placed before them.

The High Court found that the decisions of MARA and MIAC were affected by jurisdictional error and accordingly made orders quashing those decisions.