SZVJZ v Minister for Immigration and Anor (No.2)

This matter concerned an application for judicial review brought by SZVJZ against the Minister for Immigration and Border Protection and the Australian Security Intelligence Organisation (ASIO). SZVJZ sought to challenge the lawfulness of ASIO's decision to issue a "negative assessment" under section 36 of the *Australian Security Intelligence Organisation Act 1979* (Cth) (ASIO Act). This negative assessment had significant consequences for SZVJZ's immigration status.

The primary legal issue before the Federal Court was whether the ASIO Act conferred on ASIO a power to issue a negative assessment that was amenable to judicial review. Specifically, the court was required to determine if the decision to issue a negative assessment was a "decision to which the *Administrative Decisions (Judicial Review) Act 1977* (Cth) applies" within the meaning of section 3(1) of that Act. This involved considering the nature of the power exercised by ASIO and whether it was administrative in character, or if it fell within an exception to judicial review.

In reaching its decision, the Court analysed the statutory framework of the ASIO Act and the *Administrative Decisions (Judicial Review) Act*. His Honour Judge Manousaridis found that the power to issue a negative assessment under section 36 of the ASIO Act was not a decision to which the *Administrative Decisions (Judicial Review) Act* applied. The Court reasoned that the power was not exercised in a manner that was susceptible to judicial review, distinguishing it from decisions that affect individual rights or interests in a direct and final way. The Court concluded that the issuance of a negative assessment was a preliminary step in a broader immigration process, and not a final administrative decision in itself for the purposes of judicial review.

Consequently, the application for judicial review was dismissed.