AWI16 v Minister for Immigration, Citizenship and Multicultural Affairs

The applicant, AWI16, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the applicant's request for ministerial intervention under either section 48B or section 417 of the *Migration Act 1958* (Cth). The core of the applicant's grievance was that this request was "finalised without referral" to the Minister. The matter came before Gageler J of the High Court of Australia.

The central legal issue before the Court was whether the applicant had disclosed an arguable basis for the relief sought, specifically in relation to the decision to finalise the request for ministerial intervention without it being referred to the Minister. This required the Court to consider the proper interpretation and application of the provisions relating to ministerial intervention under the *Migration Act* and the threshold for demonstrating an arguable case in such circumstances.

Gageler J considered the nature of the applicant's request and the process by which it was finalised. His Honour determined that the applicant had not established an arguable basis for relief. The Court concluded that the decision to finalise the request without referral was not amenable to judicial review on the grounds advanced by the applicant. Consequently, the application was dismissed.

The application was dismissed with costs.