Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002

Immigration – Refugees and protection visas – Constitutional writs of prohibition and mandamus sought against officers of the Commonwealth – Decision of officer of a federal department not to refer to the Minister a request to make a further application in Australia for a protection visa after an earlier such application has failed – Whether such non-reference was arguably manifestly unreasonable – Ministerial guidelines – Minister has no duty under Act to consider whether to exercise the power – Inferences available from the evidence – Appearance of applicant's name on electronic report of Federal Court decision – Subsequent enactment of legislative prohibition on identification of applicants for refugee status.

Practice – High Court – Application for orders nisi for constitutional writs – Application to add further party – Sufficiency of evidence to establish reasonably arguable case for relief – Evidence of departmental form – Absence of reasons – No duty to state reasons – Distinction between hearing on merits and constitutional review – Limits of constitutional relief.

Constitution – s 75(v).

Migration Act 1958 (Cth) – ss 48A, 48B, 91X, 417.