AKB17 v Minister for Home Affairs

The applicant, AKB17, sought judicial review of a decision by the Minister for Home Affairs not to refer a request for Ministerial intervention to the Minister. The dispute concerned the applicant's claim that the delegate's decision to refuse referral was unlawful. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the delegate's refusal to refer the request for Ministerial intervention to the Minister constituted a decision amenable to judicial review under the *Migration Act 1958* (Cth). The applicant contended that the delegate's action was a personal procedural decision made by the Minister, which could be challenged.

Judge Heffernan reasoned that the delegate's decision was not a personal decision of the Minister, but rather an administrative act performed by a delegate. The court found that the *Migration Act* did not confer jurisdiction on the court to review such a decision. Consequently, the application for judicial review was dismissed for want of jurisdiction.