CED17 v Minister for Immigration, Citizenship and Multicultural Affairs & Ors

The applicant, an illegal maritime arrival who had been refused a Safe Haven Enterprise Visa, sought a constitutional writ and other relief from the High Court of Australia. The applicant requested that the Minister for Immigration, Citizenship and Multicultural Affairs personally assess his requests for the exercise of powers under sections 48B and 417 of the Migration Act 1958 (Cth). The Minister contended that the application lacked an arguable basis and should be dismissed.

The legal issues before the Court were whether the Minister had an obligation to consider the exercise of the power conferred by section 48B of the Act, and whether the applicant was denied procedural fairness in relation to the determination of his requests under sections 48B and 417. The applicant's previous attempts to challenge the visa refusal through administrative and judicial processes had been unsuccessful, including a refused application for special leave to appeal to the High Court.

The Court reasoned that the applicant's request under section 417 was misconceived, as that section does not grant the Minister power to substitute his decision for that of the Immigration Assessment Authority. Regarding section 48B, the Court held that the Minister has no obligation to consider the exercise of this power, citing the High Court's decision in *Plaintiff S10/2011 v Minister for Immigration and Citizenship*. This precedent established that the exercise of the power under section 48B is not conditioned by the provision of procedural fairness. Consequently, the Court accepted the Minister's contention that the application should be dismissed.

The application was dismissed pursuant to rule 25.09.1 of the High Court Rules 2004 (Cth), and the plaintiff was ordered to pay the defendants’ costs.