AOB18 v Minister for Home Affairs

The applicant, AOB18, sought judicial review of a decision made by the Minister for Home Affairs. The Minister's decision was purportedly made under section 476 of the *Migration Act 1958* (Cth). The Minister filed a notice of objection to competency, arguing that the Court lacked jurisdiction. The Federal Circuit and Family Court of Australia, presided over by Judge Nicholls, was required to determine whether it had jurisdiction to hear the substantive application.

The central legal issue before the Court was whether the Minister's purported decision constituted a "migration decision" within the meaning of the *Migration Act 1958* (Cth), thereby attracting the Court's jurisdiction under section 476. This required an examination of the nature of the decision that had been made and whether it met the statutory definition of a migration decision.

Judge Nicholls reasoned that the Minister's action did not amount to a migration decision as defined by the Act. Consequently, the Court lacked jurisdiction to entertain the application for judicial review. The notice of objection to competency was upheld, and the substantive application brought by AOB18 was dismissed.