Wilson v Minister for Aboriginal and Torres Strait Islander Affairs

The applicants, Mr Wilson and others, sought judicial review of a decision by the Minister for Aboriginal and Torres Strait Islander Affairs to refuse to grant them a Native Title determination over an area of land. The applicants claimed to be traditional owners of the land under the *Native Title Act 1993* (Cth). The Minister's refusal was based on the grounds that the applicants had not established a connection to the land as required by the Act, and that the land was subject to a future act that would extinguish native title. The matter came before the High Court of Australia.

The High Court was required to determine whether the Minister's decision was affected by an error of law. Specifically, the Court had to consider whether the Minister had correctly interpreted and applied the provisions of the *Native Title Act 1993* (Cth) concerning the establishment of a connection to land and the effect of future acts on native title rights. The Court also had to consider whether the Minister had taken into account all relevant considerations and disregarded irrelevant ones in reaching their decision.

The Court ultimately found that the Minister had erred in law. Brennan CJ, Dawson, Toohey, Gaudron, and McHugh JJ held that the Minister had misinterpreted the statutory test for establishing a connection to land, requiring a more direct and continuous physical connection than the Act mandated. They emphasised that native title rights could be maintained even if traditional practices had been disrupted by external forces. Gummow and Kirby JJ, while agreeing with the outcome, focused on the procedural fairness aspects of the Minister's decision-making process. The Court quashed the Minister's decision and remitted the matter for reconsideration according to law.