Zhou, Ex parte - Re Min for Immig and Multicultural Affairs

This matter concerned an application by Mr Zhou for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs. The Minister's decision, made on 16 March 1999, was to refuse to grant Mr Zhou a protection visa. Mr Zhou sought judicial review of this decision in the Federal Court of Australia.

The primary legal issue before Gummow J was whether the Minister's decision to refuse the protection visa was affected by jurisdictional error. Specifically, the court was required to determine if the Minister had failed to take into account a relevant consideration or had taken into account an irrelevant consideration when making the decision.

Gummow J found that the Minister's delegate, in assessing Mr Zhou's claim for a protection visa, had failed to consider the evidence of Mr Zhou's fear of persecution in his country of origin. This failure constituted a failure to take into account a relevant consideration, thereby vitiating the decision with jurisdictional error. The court applied the principles established in *Minister for Immigration and Ethnic Affairs v Teoh* and *Ansell v Cameron*, which hold that a failure to consider relevant evidence in the assessment of a protection visa application amounts to jurisdictional error.

Consequently, Gummow J made an order quashing the Minister's decision of 16 March 1999. The matter was remitted to the Minister for reconsideration according to law.