Plaintiff S199/2018 v Minister for Home Affairs & Ors

This matter concerned an application for an order to show cause brought by the plaintiff, a citizen of Sri Lanka and an unauthorised maritime arrival, against the Minister for Home Affairs and other respondents. The plaintiff sought to challenge the Department of Home Affairs' refusal to refer his requests for ministerial intervention under sections 417 and 48B of the *Migration Act 1958* (Cth) to the Minister for consideration. The application was heard by a single Justice of the High Court of Australia.

The core legal issues before the Court were whether the Minister's powers under sections 48B and 417 of the *Migration Act* could be delegated, whether the Department's assessment of the plaintiff's request constituted an exercise of non-statutory executive power, and whether the Department's actions breached procedural fairness or a duty to make inquiries. The plaintiff sought constitutional writs of certiorari and mandamus, along with injunctions and declarations, to challenge the Department's decision not to refer his requests to the Minister.

The Court dismissed the application, reasoning that while the powers under sections 48B and 417 must be exercised by the Minister personally, the Minister is not obligated to consider exercising these powers, even upon request. The Court affirmed that guidelines can be established for the Department to assess requests for ministerial intervention, and the application of these guidelines does not constitute an impermissible delegation of the Minister's powers. Furthermore, the Court held that neither the Minister's omission to consider the request nor the Department's assessment process attracts requirements of procedural fairness or a duty to make inquiries, as the Minister is not obliged to consider the request in the first place.

Consequently, the application for an order to show cause was dismissed, and the plaintiff was ordered to pay the first defendant's costs.