AAG15 v Minister for Immigration and Border Protection

This matter came before the High Court of Australia concerning an application by AAG15 against the Minister for Immigration and Border Protection. The dispute centred on the Minister's refusal to refer AAG15's request for ministerial intervention to the Minister for consideration. AAG15 appeared in person, while the Minister was represented by counsel.

The legal issues before the Court included whether the Minister was obliged to consider AAG15's request for intervention, particularly in light of the Minister's own guidelines which generally preclude referral of matters involving visa cancellation on character grounds. The Court was also required to determine the nature of the Minister's power under section 417 of the *Migration Act 1958* (Cth), specifically whether it was a compellable power and the extent to which procedural fairness obligations might arise in relation to its consideration.

The Court considered affidavits filed by the Minister, which exhibited guidelines indicating that matters involving visa cancellation on character grounds are ordinarily not referred for ministerial intervention. The Minister's representative argued that AAG15's circumstances, including a conviction and sentence of more than 12 months, fell within these exclusionary criteria, and that the request did not present exceptional circumstances. The Court noted that the current proceeding focused solely on a request made on 17 February of that year, relating to family ties and a WorkCover claim, and did not concern a prior request based on a data breach. The Minister contended that the power under section 417 is discretionary and non-compellable, with the Minister under no duty to exercise it, and that it is exercised having regard to the public interest.

The Court ultimately treated the affidavits as read and heard submissions from both parties. The Minister sought dismissal of AAG15's application for an order to show cause, with costs. The transcript indicates the Court was considering the application for a writ of mandamus directing the Minister to determine the application for ministerial intervention according to law, alongside other potential relief.