Applicants S184-02, Ex parte - Re MIMIA

This matter concerned an application by the applicants, identified as S184-02, for an order in the nature of prohibition directed to the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA). The applicants sought to prevent MIMIA from making a decision under section 48B of the *Migration Act 1958* (Cth) to refuse to allow them to make a further application for a protection visa.

The central legal issue before Gaudron J was whether the applicants had established a prima facie case that the Minister's proposed decision to refuse them the opportunity to lodge a further protection visa application would be affected by jurisdictional error. Specifically, the court was asked to consider whether the Minister's discretion under section 48B was absolute or if it was constrained by implied limitations, such as the requirement to act in good faith and to consider relevant considerations.

Gaudron J found that section 48B of the *Migration Act 1958* (Cth) conferred a broad discretion on the Minister. However, her Honour held that this discretion was not unfettered and was subject to the implied duty to exercise it in good faith and to take into account relevant considerations. The applicants had raised arguable grounds suggesting that the Minister might fail to consider relevant factors, thereby engaging the court's supervisory jurisdiction.

Consequently, Gaudron J ordered that the applicants be granted leave to proceed with their application for an order in the nature of prohibition. The court also made orders for the filing of further material and set a date for the substantive hearing of the application.