Ejm17 v Minister for Immigration

The applicant, Ejm17, sought judicial review of a decision by the Minister for Immigration, concerning the Minister's alleged failure to exercise non-compellable discretionary powers under sections 48B, 195A, and/or 417 of the *Migration Act 1958* (Cth). The applicant claimed to fear harm arising from a 'data breach', the details of which had previously been considered by this Court, the Federal Court of Australia, and the High Court of Australia in separate proceedings.

The central legal issues before the Court were whether the application for judicial review was competent, whether it constituted an abuse of process and was barred by *Anshun* estoppel, and whether the applicant had identified any jurisdictional error.

Dowdy J found the application to be incompetent as no relevant decision or process had been made or commenced that would allow for judicial review by the Court. Furthermore, the Court determined that the application was an abuse of process and was barred by *Anshun* estoppel, given the prior litigation concerning the applicant's claims. In addition, the applicant failed to identify any jurisdictional error. Consequently, the application for judicial review was dismissed.