TH v Erh

The case of *TH v Erh* concerned an appeal to the High Court of Australia. The dispute involved an application for leave to appeal against a decision of the Full Federal Court of Australia. The underlying matter concerned the interpretation and application of provisions within the *Migration Act 1958* (Cth) relating to the review of decisions made by the Minister for Immigration and Multicultural Affairs.

The High Court was required to determine whether the Full Federal Court had erred in its interpretation of certain statutory provisions concerning the Minister's power to refuse to grant a visa on character grounds, specifically in relation to the assessment of risk of harm to the Australian community. A key issue was the proper construction of the phrase "substantial risk" as it applied to the Minister's assessment.

In their joint judgment, Gummow and Crennan JJ considered the legislative intent and the established principles of administrative law. They analysed the relevant sections of the *Migration Act* and relevant case law, emphasizing that the Minister's decision must be based on a proper understanding of the statutory criteria and the evidence before him. The Court affirmed that the assessment of risk required a qualitative, rather than purely quantitative, evaluation, and that the Minister was not bound to accept submissions that did not adequately address the statutory requirements.

The High Court granted leave to appeal and allowed the appeal, setting aside the orders of the Full Federal Court and remitting the matter to the Federal Court for further consideration.