Agh21 v Minister for Home Affairs

The case of Agh21 v Minister for Home Affairs involved the applicant, Agh21, who applied for an order of mandamus to compel the Minister for Home Affairs to return him to Papua New Guinea. Agh21 was granted a bridging visa and the court was asked to decide whether mandamus was an appropriate remedy in these circumstances. The Federal Court of Australia was the court that dealt with the application.

The legal issues before the court included whether the court had the power to grant mandamus by way of interlocutory relief, and if so, whether the applicant had satisfied the court that the conditions for such relief were met. The court also considered whether it had the jurisdiction or power to grant mandamus, or whether the application should have been made to the Federal Circuit Court or the High Court.

The court found that there were several reasons why interlocutory relief should not be granted, including the fact that the applicant had not identified any public duty that was owed to him. The court also noted that there was no authority to support the grant of mandamus on an interlocutory basis. Furthermore, the court was concerned about its own jurisdiction or power to grant mandamus or whether any such application must be made to either the Federal Circuit Court or the High Court.

The court refused the application for interlocutory relief and noted that the matter would be resolved at a final hearing. The court reserved the question of costs until the final hearing and listed the matter for a case management hearing on 12 May 2021 at 9:00am.