Federal Court. In circumstances where the Court could not grant mandamus compelling the consideration of the requests for Ministerial intervention, was there utility in granting certiorari and prohibition?
The Minister accepted that three decisions made by a delegate not to refer a matter to the Minister for Ministerial intervention under s 48B of the Migration Act 1958 (Cth) were made in excess of the executive power of the Commonwealth and that the applicant’s request for Ministerial intervention is yet to be finalised.
The Federal Court answered that question as follows:
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