VWBV v MIMIA & Anor

The High Court of Australia heard an appeal concerning the interpretation of the *Migration Act 1958* (Cth) and the *Administrative Decisions (Judicial Review) Act 1977* (Cth). The appellant, VWBV, sought judicial review of a decision made by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) and the second respondent, the Refugee Review Tribunal. The core of the dispute involved the Minister's decision to refuse to revoke a deportation order made against VWBV, who was a non-citizen.

The central legal issue before the High Court was whether the Minister's decision not to revoke the deportation order was reviewable under the *Administrative Decisions (Judicial Review) Act 1977* (Cth). Specifically, the Court had to determine if the Minister's decision constituted a "decision to which this Act applies" within the meaning of section 3(1) of the ADJR Act, notwithstanding the existence of other avenues for review or the nature of the decision itself.

Gummow ACJ and Heydon JJ reasoned that the Minister's power to revoke a deportation order under section 501(2) of the *Migration Act 1958* (Cth) was a power that could be exercised in relation to a "person" and was not merely a power to make or alter a record. They held that the exercise of this power, or the failure to exercise it, constituted a "decision" for the purposes of the ADJR Act. The Court found that the Minister's decision was not excluded from review by section 3(2) of the ADJR Act, as it was not a decision relating to the conferral of a status or privilege, but rather a decision concerning the continued presence of a non-citizen in Australia.

The High Court allowed the appeal, setting aside the orders of the Full Federal Court and remitting the matter to the Federal Court of Australia for determination according to law.