Aqf15 v Minister for Immigration

Aqf15 (the applicant) sought judicial review of a decision made by the Minister for Immigration (the respondent) concerning an International Treaties Obligations Assessment. The core of the dispute revolved around allegations of a want of procedural fairness and jurisdictional error in the assessment process, which the applicant contended was impacted by a data breach.

The primary legal issues before the Court were whether the respondent's decision-making process suffered from a want of procedural fairness, and whether this, or any other aspect of the process, constituted a jurisdictional error. The Court was also required to consider principles relating to the grant or refusal of an adjournment, particularly in circumstances where previous judgments had addressed the same grounds of review.

Justice Lucev found that the applicant had not established a want of procedural fairness. The Court reasoned that the applicant had been afforded a sufficient opportunity to present their case and that the alleged data breach did not, in itself, vitiate the fairness of the process. Furthermore, the Court determined that no jurisdictional error had occurred. The application for judicial review was dismissed.