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

This matter concerned an application for leave to issue or file an application for judicial review. The applicant, Mr. Mathews, sought leave to challenge a decision of the Administrative Appeals Tribunal (AAT) made on 15 December 2022. The respondent was the Commonwealth of Australia.

The primary legal issue before Gageler J was whether the applicant had established a "prima facie" case for judicial review of the AAT's decision. This required the Court to consider whether the grounds of review raised by the applicant had sufficient merit to warrant further examination.

Gageler J applied the principles governing the grant of leave for judicial review, which require an applicant to demonstrate that their grounds of review are not frivolous or vexatious and have a real prospect of success. His Honour considered the specific grounds of review advanced by the applicant, which related to alleged errors of law in the AAT's determination. After reviewing the material before him, Gageler J concluded that the applicant had not demonstrated a "prima facie" case.

Leave to issue or file the application for judicial review was therefore refused.