AB, Ex parte - Re Min for Immig

This matter concerned an application by AB for an order in the nature of prohibition against the Minister for Immigration. The applicant sought to prevent the Minister from making a decision under s 501(1) of the *Migration Act 1958* (Cth) to refuse to grant, or to cancel, a visa on character grounds. The application was heard by Kirby J in chambers.

The central legal issue before the Court was whether the Minister's power under s 501(1) of the *Migration Act* was amenable to judicial review by way of prohibition. Specifically, the Court was required to determine if the Minister's discretion to refuse or cancel a visa on character grounds was a "decision" within the meaning of the *Administrative Decisions (Judicial Review) Act 1977* (Cth) and, if so, whether prohibition was an available remedy.

Kirby J considered the nature of the power conferred by s 501(1), noting that it involved a broad discretion to assess character and make a decision that could have significant consequences for an individual. His Honour referred to established principles of administrative law, including the distinction between a power to make a decision and the decision itself, and the circumstances in which prohibition might lie. The Court ultimately found that the power to refuse or cancel a visa under s 501(1) was a decision to which the *Administrative Decisions (Judicial Review) Act* applied, and that prohibition was an available remedy to review the exercise of that power.

The application for prohibition was therefore granted.