SZFTS v MIMA & Anor

The applicants, SZFTS and another, sought judicial review of decisions made by the Minister for Immigration and Multicultural Affairs (MIMA) and the second respondent. The dispute concerned the lawfulness of the Minister's decision to refuse to grant the applicants a protection visa. The matter came before the High Court of Australia, constituted by Gummow and Heydon JJ.

The central legal issue before the High Court was whether the Minister's decision to refuse the protection visa applications was affected by jurisdictional error. This involved determining whether the Minister had failed to exercise the power conferred by s 48B of the *Migration Act 1958* (Cth) in accordance with the law, or whether the Minister had made a decision that was not open to them to make.

The Court's reasoning focused on the proper interpretation and application of s 48B of the *Migration Act*. This section requires the Minister to consider whether to invite a non-citizen to apply for a protection visa if they have made a previous application for a protection visa that has been refused and they are in Australia. The Court examined the evidence before the Minister and the Minister's stated reasons for refusing to invite the applicants to apply for a protection visa. The Court held that the Minister's decision was not affected by jurisdictional error, finding that the Minister had properly considered the relevant factors under s 48B and had not acted unlawfully.

The applications for judicial review were dismissed.