SZHUG v Minister for Immigration

In the case of SZHUG v Minister for Immigration, the applicant, SZHUG, sought judicial review of a decision made by the Minister for Immigration. The dispute centred around the Minister's decision not to review a prior decision made by a delegate of the Department of Immigration and Border Protection. The case was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the Minister had exercised a power under section 384 of the Migration Act 1958 (Cth) to review a delegate's decision, and if not, whether the Minister had provided sufficient reasons for the decision not to review. The court also considered whether the Minister's failure to review the decision constituted a jurisdictional error.

The court held that the Minister had not exercised the relevant power to review the delegate's decision, and therefore had not provided sufficient reasons for the decision not to review. This constituted a jurisdictional error. The court quashed the Minister's decision and ordered the Minister to review the delegate's decision according to law. The Minister's failure to provide reasons for the decision not to review further compounded the jurisdictional error.