Bahonko, In the matter of an application for leave to issue a proceeding

This matter concerned an application by Mr Bahonko for leave to issue a proceeding against the Commonwealth of Australia. The application was made pursuant to s 11 of the *Administrative Decisions (Judicial Review) Act 1977* (Cth) (ADJR Act).

The primary legal issue before Kiefel J was whether Mr Bahonko had established a sufficient "prima facie" case to warrant the grant of leave to issue the proceeding. This involved assessing whether the material before the Court disclosed a tenable argument that a decision or conduct of the Commonwealth was reviewable under the ADJR Act.

Kiefel J considered the nature of the alleged decision or conduct and the applicant's asserted grounds for review. His Honour applied the principles governing the grant of leave under s 11 of the ADJR Act, which requires the applicant to demonstrate that there is a *prima facie* case that the decision or conduct in question is one to which the Act applies and that the applicant has grounds for seeking review. The Court noted that the threshold for *prima facie* case is not high, but it does require more than a mere assertion of a right to judicial review.

Leave to issue the proceeding was refused.