AWI16 v Minister for Immigration, Citizenship and Multicultural AffairsCitation:[2019] HCA 43Before:Gageler JDate:25 Jun 2019Case Number:S81/2019Read more

The Court held that the finalisation of the request for Ministerial intervention without referral to the Minister was lawful as no arguable basis for relief was disclosed.

Source-derived case information.

Parties: Plaintiff: Plaintiff; Defendant: Minister for Immigration
Jurisdiction: Australia
Judgment Date: 25 June 2019
Procedural Posture: Judicial Review / Judgment
Outcome: Application dismissed
Legal Topics: Ministerial Intervention, Judicial Review, Refugee Status Determination

Immigration Law Administrative Law Ministerial Intervention Judicial Review Refugee Status Determination

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Plaintiff

Minister for Immigration

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether the finalisation of a request for Ministerial intervention without referral to the Minister under s 48B or s 417 of the Migration Act 1958 (Cth) is lawful
2 Whether an arguable basis for relief is disclosed

Ratio Decidendi

The Court held that the finalisation of the request for Ministerial intervention without referral to the Minister was lawful as no arguable basis for relief was disclosed.

Court Disposition

Application dismissed

Orders

Application for relief dismissed

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