McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, McQueen, sought an order for the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to answer interrogatories as part of a broader judicial review application concerning the non-revocation of a visa cancellation. The central issue in this case was whether the interrogatories, which sought to understand the time spent by the Minister in considering McQueen's case and whether the draft reasons were read, were relevant to the issues raised in the proceeding. The court was required to determine if the application for interrogatories was premature and whether the interrogatories had a proper foundation in the evidence or pleadings. This decision hinged on the principles established in Minister for Immigration & Multicultural & Indigenous Affairs v Wong, which set out the criteria for ordering interrogatories in judicial review proceedings.

The court found that the interrogatories did not relate to the issues raised in the proceeding. The claim that the Minister failed to give proper, genuine and realistic consideration to McQueen's application was not sufficiently particularised to support the interrogatories. The application was considered premature as it was based on an unparticularised claim and did not demonstrate a foundation for suspicion that the answers might support a ground of review. The court also noted that the Minister had produced a photographic image which appeared to be a signed decision record on the person's lap in the driver's seat of a motor vehicle, which was presented as evidence of the formation of the Minister's state of satisfaction for the purposes of s 501CA(4). Given these circumstances, the court adjourned the application for interrogatories and granted liberty for McQueen to relist the application within 14 days of filing any amended grounds of review. The costs of the interlocutory application were reserved.