Yasmin v Attorney-General of the Commonwealth of Australia

The applicant, Yasmin, sought judicial review of a decision by the Attorney-General of the Commonwealth of Australia not to refer her conviction to the Court of Appeal. Yasmin argued that the decision breached her rights under the Australian Constitution and was irrational. The Federal Court was tasked with determining whether the power to refer a conviction was reviewable and whether there was a duty to make a decision.

The court considered the scope of the Attorney-General's power to refer a conviction and whether this power was subject to judicial review. It also assessed whether the decision-making process was flawed and whether there was a duty to make a decision. The court found that the power to refer a conviction was not justiciable, and therefore, not subject to judicial review. Furthermore, the court held that there was no duty to make a decision and that the Attorney-General's decision was not irrational.

The court dismissed the application and ordered the applicant to pay the respondent's costs as agreed or taxed. This decision reinforces the limits of judicial review in relation to the prerogative of mercy and highlights the importance of the separation of powers in the Australian legal system. The court's ruling underscores the principle that certain decisions, such as those involving the prerogative of mercy, are not subject to judicial scrutiny.