MZARK v Minister for Immigration and Border Protection & Anor

This matter concerned an application by MZARK for an order to show cause, seeking orders in the nature of certiorari and mandamus. MZARK sought to quash a decision of the Federal Court dated 24 February 2016 and to compel the Minister for Immigration and Border Protection to reconsider a delegate's decision to refuse MZARK a protection visa. The Minister contended that the application was out of time, that no adequate explanation for the delay had been provided, and that the application constituted an abuse of process, having regard to previous reviews of the delegate's, Tribunal's, and Federal Circuit Court's decisions. The Minister also argued that the application failed to disclose an arguable basis for relief in relation to the Federal Court's decision, as it invited the Court to reconsider the merits of MZARK's protection claims rather than alleging jurisdictional error.

The High Court was required to determine whether MZARK's application for an order to show cause was properly before the Court, considering the timeliness of the application and whether it disclosed any arguable grounds for relief. Specifically, the Court needed to assess whether the Minister's arguments regarding the application being out of time, an abuse of process, and lacking an arguable basis for relief were valid. The Court also had to consider MZARK's submission that he had only recently received the Minister's outline of submissions and required further time to respond.

The Court, through the presiding Justice, acknowledged MZARK's submission that he had only just received the Minister's outline of submissions and required more time to consider it. The Minister's representative indicated a prior commitment on the day of the hearing. Consequently, the Court adjourned the proceedings to allow MZARK time to review the document and prepare a response. The hearing was adjourned until 12 o'clock on Friday, 3 June 2016, at which time the Court indicated it would proceed.