Plaintiff S7/2019 v Minister for Immigration, Citizenship and Multicultural Affairs & Ors

The plaintiff, identified as S7/2019, sought a constitutional or other writ from the High Court of Australia challenging the decision not to refer their request for the Minister for Immigration, Citizenship and Multicultural Affairs to exercise non-compellable powers under sections 48B or 417 of the *Migration Act 1958* (Cth) to the Minister. The Minister contended that the plaintiff's application lacked an arguable basis and should be dismissed without a hearing.

The Court was required to determine whether the plaintiff's application disclosed an arguable basis for relief, specifically considering whether the plaintiff's request for intervention under section 417 had been determined, whether section 417 applied to the plaintiff, and whether the assessment of the plaintiff's request under section 48B by departmental officers was lawful and procedurally fair. The Court also considered arguments regarding the alleged impermissible delegation of power, the exercise of non-statutory executive power, and the failure to make inquiries or apply ministerial guidelines.

The High Court dismissed the plaintiff's application. The Court found that there was no evidence that the request for intervention under section 417 had been determined, and furthermore, section 417 did not apply to the plaintiff as their visa application had been reviewed by the Immigration Assessment Authority, not the Administrative Appeals Tribunal. Regarding section 48B, the Court held that the power to exercise this section is non-compellable and the Minister has no obligation to consider it. The assessment of the plaintiff's request against ministerial guidelines by departmental officers did not constitute an impermissible delegation of power, and the plaintiff's arguments concerning procedural fairness and failure to make inquiries or apply guidelines were rejected, consistent with established High Court authority.

The plaintiff's application for a constitutional or other writ was dismissed with costs.