Re Minister for Immigration; Ex parte Applicant S190 of 2002

HIGH COURT OF AUSTRALIAKIRBY JIN THE MATTER OF AN APPLICATION FOR A WRIT OF MANDAMUS, CERTIORARI AND PROHIBITION AGAINST THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS   RESPONDENTEX PARTE APPLICANT S190 OF 2002              APPLICANT/PROSECUTORRe Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002[2002] HCA 3919 August 2002S190/2002ORDER1.        Application refused with costs.2.        Certify for the attendance of counsel.Representation:S E J Prince for the applicant/prosecutor (instructed by the applicant/prosecutor)S B Lloyd for the respondent (instructed by Clayton Utz)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002Immigration – 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...