Te, Ex parte Re MIMA & Anor

This matter concerned an application by Te for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs (MIMA) to refuse to grant a protection visa. The application was heard by Hayne J in chambers.

The primary legal issue before the Court was whether the Minister's decision to refuse the protection visa was affected by jurisdictional error. This involved considering whether the Minister had failed to take into account a relevant consideration or had taken into account an irrelevant consideration when making the decision.

Hayne J found that the Minister's delegate had failed to consider a significant portion of the applicant's evidence, specifically evidence relating to the applicant's fear of persecution. This failure constituted a jurisdictional error, as the delegate was required to consider all relevant evidence when assessing the application for a protection visa. The Court applied the principle that a failure to consider relevant evidence amounts to a failure to exercise the power conferred by the relevant legislation.

The Court made an order quashing the decision of the Minister and remitting the application for a protection visa to the Minister for reconsideration according to law.