Mao, In the matter of an application for leave to issue or file

This matter concerned an application by Mr Mao for leave to issue or file an application for judicial review of a decision made by the Minister for Immigration and Border Protection. The application was brought under s 75(v) of the *Constitution* and s 39B of the *Judiciary Act 1903* (Cth).

The central legal issue before the Court was whether Mr Mao had established a sufficient arguable case that the Minister's decision was vitiated by jurisdictional error. This required the Court to consider the nature of the decision-making power exercised by the Minister and the grounds upon which judicial review could be granted.

Gageler J applied the principles established in *Abebe v Commonwealth* [2021] HCA 22, which require an applicant seeking leave to file an application for judicial review to demonstrate that there is a "real prospect of success" or, at the very least, a "real question to be tried." His Honour found that Mr Mao had not satisfied this threshold, as the material before the Court did not disclose an arguable case of jurisdictional error.

Consequently, the application for leave was dismissed.