Page:Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs.pdf/22

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Beech-Jones J

18.

jurisdictional error.[1] This concession extended to accepting that the erroneous consideration was material to the delegate's decision.[2] Those concessions were rightly made. It follows that a writ of certiorari should issue quashing the delegate's decision. The Minister should pay the plaintiff's costs.


  1. See Craig v South Australia (1995) 184 CLR 163 at 179 per Brennan, Deane, Toohey, Gaudron and McHugh JJ.
  2. Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; Nathanson v Minister for Home Affairs (2022) 96 ALJR 737; 403 ALR 398.