SZFZW v MIAC & Anor

The applicants, SZFZW and another, sought judicial review of decisions made by the Migration Agents Registration Authority (MARA) and the Migration and Investment Acceptance Corporation (MIAC). The dispute concerned the validity of certain decisions made by MIAC in relation to the applicants' applications for visas. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the decisions made by MIAC were amenable to judicial review under the *Migration Act 1958* (Cth) and, if so, on what grounds. Specifically, the court had to consider the nature of the decisions made by MIAC and whether they constituted "decisions to which this Act applies" for the purposes of administrative law review.

The High Court, in its reasoning, focused on the statutory framework governing migration decisions. It applied principles of administrative law to determine the character of MIAC's actions. The court considered whether the decisions were final or preliminary, and whether they had the effect of altering the legal rights or status of the applicants in a manner that attracted judicial review. The court distinguished between merits review and judicial review, clarifying the scope of the latter.

The High Court found that the decisions in question were not susceptible to judicial review under the *Migration Act 1958* (Cth) as they were not "decisions to which this Act applies" within the meaning of the relevant provisions. Consequently, the applications for judicial review were dismissed.