Wei v Minister for Immigration, Local Government and Ethnic Affairs

In the case of Wei v Minister for Immigration, Local Government and Ethnic Affairs, the applicant sought judicial review of the respondent's failure to make decisions on applications for permanent resident status on humanitarian grounds. The applicants lodged their applications between February 1989 and October 1991, and each sought a declaration that the delay in making a decision was unreasonable, an order for the respondent to make a decision within eight weeks, and an order for the respondent to pay their costs. The court was required to determine whether the delay in making a decision constituted an unreasonable delay under section 7(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth).

The court considered whether the delay in making a decision constituted an unreasonable delay, taking into account the nature of the decision to be made, the importance of making the decision promptly, and the reasons for the delay. The court found that there was no law prescribing a period within which the decision was to be made, and that the delay in making a decision was unreasonable. The court ordered the respondent to make a decision within eight weeks and to pay the applicants' costs.

The court held that the delay in making a decision was unreasonable because the applicants had been waiting for over two years, and the importance of making the decision promptly was significant given the humanitarian nature of the applications. The court further found that the reasons for the delay were not sufficient to justify the delay. The court ordered the respondent to make a decision within eight weeks and to pay the applicants' costs.