DRV18 v Minister for Home Affairs

The applicant, DRV18, sought judicial review of a decision by the Minister for Home Affairs. The dispute concerned the refusal of a protection visa. The matter came before Driver J in the Federal Court of Australia.

The primary legal issue before the Court was whether the Administrative Appeals Tribunal (AAT) had committed a jurisdictional error in its interlocutory dismissal of DRV18's show cause application. DRV18 contended that this dismissal was unlawful and therefore constituted a jurisdictional error.

Driver J found that DRV18 had not established an arguable case of jurisdictional error. The Court reasoned that the AAT's decision to dismiss the show cause application was a procedural step within the broader review process and did not, on its own, demonstrate a failure to exercise its jurisdiction or an excess of jurisdiction. Consequently, the Court concluded that there was no arguable case of jurisdictional error to warrant further substantive consideration.

The application for judicial review was dismissed.