Wilson and Ors v Minister for Aboriginal and Torres Strait Islander Affairs and Anor

The applicants, Wilson and others, sought judicial review of a decision made by the Minister for Aboriginal and Torres Strait Islander Affairs. The dispute concerned the Minister's refusal to grant a permit under the *Aboriginal and Torres Strait Islander Heritage Protection Act 1984* (Cth) to enter and perform ceremonies on certain areas of land. The applicants, who identified as traditional owners of the land, alleged that the refusal was unlawful and sought to have it set aside. The matter came before Toohey J in chambers.

The primary legal issue before the Court was whether the Minister's decision to refuse the permit was affected by an error of law, specifically whether the Minister had failed to take into account relevant considerations or had taken into account irrelevant considerations when making the decision. The applicants contended that the Minister had not properly considered their cultural and spiritual connection to the land, which was a central purpose of the Act.

Toohey J found that the Minister's decision-making process had been flawed. His Honour held that the Minister had failed to give adequate weight to the evidence presented by the applicants regarding their traditional ownership and the significance of the areas to their cultural practices. The Minister's reliance on information that did not adequately reflect the applicants' connection to the land was considered a failure to take into account a relevant consideration. The legal principle applied was that a decision-maker under the Act must genuinely consider the evidence of traditional ownership and the cultural significance of the areas in question.

Consequently, Toohey J made orders setting aside the Minister's decision and remitting the matter back to the Minister for reconsideration according to law.