Recent Cases

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 213 (23 November 2021) (Kenny, Besanko, Griffiths, Mortimer and Charlesworth JJ)


MIGRATION – appeals from orders dismissing applications for judicial review – where the appellants each made applications for Ministerial intervention under the Migration Act 1958 (Cth) – where the Minister had issued Guidelines to officers prescribing the circumstances in which such requests are to be brought to his attention – where officers concluded the requests for intervention did not satisfy the criteria for referral in the Guidelines and so refused to refer the requests to the Minister – nature of the officers’ decisions – whether the officers’ decisions were judicially reviewable by the Federal Court of Australia – whether the decisions were judicially reviewable on the ground of legal unreasonableness – whether the decisions were affected by legal unreasonableness – appeals dismissed