Plaintiff S53/2019 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] HCA 42

Plaintiff S53/2019 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] HCA 42

The Minister's powers under s 48B were not delegated; consideration by departmental officers of requests to exercise s 48B involves non-statutory executive power and is not subject to procedural fairness; the applicant did not disclose an arguable basis for relief.

Parties
Plaintiff: Plaintiff S53/2019; 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 Amended Application in Original Jurisdiction
Outcome
amended application dismissed with costs
Legal Topics
Ministerial Intervention, Procedural Fairness, Delegation of Powers, Judicial Review
Immigration Law Administrative Law Ministerial Intervention Procedural Fairness Delegation of Powers Judicial Review

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Parties

Plaintiff S53/2019

Plaintiff

Minister for Immigration, Citizenship and Multicultural Affairs & Ors

Defendants

Procedural Posture

Application for Constitutional or Other Writ / Judgment on Amended Application in Original Jurisdiction

Legal Issues

  1. 1 Whether the Minister could delegate the exercise of power under s 48B of the Migration Act 1958 (Cth)
  2. 2 Whether departmental officer involved in exercise of non-statutory executive power
  3. 3 Whether there was a denial of procedural fairness in finalising request without referral to Minister

Ratio Decidendi

The Minister's powers under s 48B were not delegated; consideration by departmental officers of requests to exercise s 48B involves non-statutory executive power and is not subject to procedural fairness; the applicant did not disclose an arguable basis for relief.

Court Disposition

amended application dismissed with costs

Orders

  • The amended application is dismissed with costs.