SZHZY v MIMA & Anor

The applicants, SZHZY and MIMA, brought proceedings in the Federal Court of Australia concerning a decision made by the Minister for Immigration and Multicultural Affairs. The dispute centred on the Minister's refusal to grant a visa to SZHZY, with MIMA acting as the sponsor. The applicants sought judicial review of the Minister's decision.

The primary legal issue before the Full Federal Court was whether the Minister's delegate had erred in law by failing to consider relevant considerations and by taking into account irrelevant considerations when assessing SZHZY's visa application. Specifically, the applicants argued that the delegate had improperly relied on information that was not before them at the time of the decision and had failed to give adequate weight to favourable information presented.

The Court, comprising Kirby and Heydon JJ, found that the delegate had indeed made an error of law. Their Honours reasoned that administrative decision-makers must consider all relevant material placed before them and must not have regard to extraneous matters. In this instance, the delegate had relied on information that was not part of the material before them when making the decision, thereby failing to properly exercise their discretion. The Court applied the principles of administrative law concerning the proper exercise of statutory power and the duty to consider relevant material.

Consequently, the Full Federal Court set aside the delegate's decision and remitted the matter to the Minister for reconsideration according to law.