S69 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

The case before the Federal Court involved two adult applicants who sought to challenge a decision by the Minister for Immigration and Multicultural and Indigenous Affairs to refuse their applications for a particular class of visa. The applicants argued that the Minister's decision was unlawful and that they were entitled to an order nisi compelling the Minister to grant the visas. The Minister, in turn, argued that the application should be dismissed and that the applicants should be ordered to pay the costs of the proceeding.

The central legal issue before the court was whether the applicants were entitled to an order nisi compelling the Minister to grant the visas in question. The applicants argued that the Minister's decision was flawed and that the court should intervene to correct it. The Minister, on the other hand, argued that the applicants did not meet the necessary criteria for the visas and that the decision was lawful.

The court found that the applicants were not entitled to an order nisi compelling the Minister to grant the visas. The court held that the Minister's decision was lawful and that the applicants had not demonstrated that the decision was flawed in any way. The court also found that the applicants were not entitled to any form of judicial review of the decision, as it was not a decision that was subject to judicial review under Australian law. As a result, the court refused the application for an order nisi and ordered the applicants to pay the Minister's costs of the proceeding.