AWI16 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] HCA 43

AWI16 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] HCA 43

The application discloses no arguable basis for the relief sought as departmental officers properly finalised requests without referral due to guidelines not being met; accordingly, the application must be dismissed with costs.

Parties
Plaintiff: AWI16; Defendants: Minister for Immigration, Citizenship and Multicultural Affairs & Ors
Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Application for Constitutional or Other Writ / Judgment on Application
Outcome
Application dismissed with costs.
Legal Topics
Ministerial Intervention, Finalised Without Referral, Relief Sought
Immigration Ministerial Intervention Finalised Without Referral Relief Sought

Case Brief

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Parties

AWI16

Plaintiff

Minister for Immigration, Citizenship and Multicultural Affairs & Ors

Defendants

Procedural Posture

Application for Constitutional or Other Writ / Judgment on Application

Legal Issues

  1. 1 Whether an arguable basis exists for relief sought regarding Ministerial intervention under ss 48B and 417 of the Migration Act 1958 (Cth) when requests were finalised without referral to the Minister

Ratio Decidendi

The application discloses no arguable basis for the relief sought as departmental officers properly finalised requests without referral due to guidelines not being met; accordingly, the application must be dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.