Prosecutor 1, 2, 3 and 4, Ex Parte - Re MIMA and Ors S196/2001

This matter concerned an application for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs (MIMA) to refuse to grant a visa to the applicant. The applicants, identified as Prosecutor 1, 2, 3 and 4, sought this relief *ex parte*, meaning without the other party being present or notified. The application was heard by Gleeson CJ in chambers.

The central legal issue before the Court was whether the Minister's decision to refuse the visa application was affected by jurisdictional error, thereby rendering it amenable to review by way of certiorari. Specifically, the applicants contended that the Minister had failed to consider relevant considerations and had taken into account irrelevant considerations when making the decision.

Gleeson CJ, in chambers, considered the material before him. The Chief Justice noted that the application was made *ex parte* and that the usual requirements for such an application, particularly concerning the urgency and the potential for irreparable harm if the order were not granted immediately, needed to be satisfied. Without further detail on the specific visa application or the Minister's reasons, the Chief Justice's role was to assess whether a *prima facie* case of jurisdictional error had been established to warrant the extraordinary step of an *ex parte* order. The Chief Justice ultimately determined that the material before him did not establish a sufficient basis for granting an *ex parte* order for certiorari.

Consequently, the application for an order of certiorari was refused.