Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002 [2002] HCA 39

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002 [2002] HCA 39

The applicant failed to establish a reasonably arguable case of jurisdictional error or manifest administrative unreasonableness by the officer’s refusal to forward the application; no constitutional relief or order nisi was warranted.

Source-derived case information.

Parties
Applicant/prosecutor: Applicant S190 of 2002; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
19 August 2002
Procedural Posture
Application for Constitutional Writs / Determination of Application for Order Nisi
Outcome
application refused with costs
Legal Topics
Refugee Protection Visas, Constitutional Writs (mandamus, Prohibition, Certiorari), Jurisdictional Error, Ministerial Discretion, Manifest Unreasonableness
Immigration Law Constitutional Law Administrative Law Refugee Protection Visas Constitutional Writs (mandamus, Prohibition, Certiorari) Jurisdictional Error Ministerial Discretion Manifest Unreasonableness

Source-derived case record

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Parties

Applicant S190 of 2002

Applicant/prosecutor

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Application for Constitutional Writs / Determination of Application for Order Nisi

Legal Issues

  1. 1 Whether failure to refer applicant’s request for second protection visa to the Minister was a jurisdictional error
  2. 2 Whether administrative decision not to forward application was manifestly unreasonable
  3. 3 Whether applicant established reasonably arguable case for constitutional relief against officer of Commonwealth

Ratio Decidendi

The applicant failed to establish a reasonably arguable case of jurisdictional error or manifest administrative unreasonableness by the officer’s refusal to forward the application; no constitutional relief or order nisi was warranted.

Court Disposition

application refused with costs

Orders

  • Application refused with costs.
  • Certify for the attendance of counsel.