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

HIGH COURT OF AUSTRALIA

KIRBY J

IN THE MATTER OF AN APPLICATION FOR A

WRIT OF MANDAMUS, CERTIORARI AND

PROHIBITION AGAINST THE MINISTER FOR

IMMIGRATION AND MULTICULTURAL AND

INDIGENOUS AFFAIRS RESPONDENT

EX PARTE APPLICANT S190 OF 2002 APPLICANT/PROSECUTOR

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002

[2002] HCA 39

19 August 2002

S190/2002

ORDER

1. Application refused with costs.

2. Certify for the attendance of counsel.

Representation:

S E J Prince for the applicant/prosecutor (instructed by the applicant/prosecutor)

S B Lloyd for the respondent (instructed by Clayton Utz)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002

Immigration – Refugees and protection visas – Constitutional writs of prohibition and mandamus sought against officers of the Commonwealth – Decision of officer of a federal department not to refer to the Minister a request to make a further application in Australia for a protection visa after an earlier such application has failed – Whether such non-reference was arguably manifestly unreasonable – Ministerial guidelines – Minister has no duty under Act to consider whether to exercise the power – Inferences available from the evidence – Appearance of applicant's name on electronic report of Federal Court decision – Subsequent enactment of legislative prohibition on identification of applicants for refugee status.

Practice – High Court – Application for orders nisi for constitutional writs – Application to add further party – Sufficiency of evidence to establish reasonably arguable case for relief – Evidence of departmental form – Absence of reasons – No duty to state reasons – Distinction between hearing on merits and constitutional review – Limits of constitutional relief.