Mr Wilton is an Aboriginal resident of Pacific Island in Queensland who alleges that his community has been the victim of racial discrimination by police officers. He is particularly concerned about the growing number of deaths in police custody.

Mr Wilton made a complaint to the Australian Human Rights Commission (AHRC) who considered his case. The delegate of the AHRC considered the evidence and determined that there was no evidence of discrimination. Mr Wilton is determined that he should have some right of review. Mr Wilton is adamant that the AHRC decision was wrong. He seeks your advice in relation to the following:

1. (i) What courts might have jurisdiction to hear an application for judicial review.
2. (ii) Whether he could go directly to the High Court of Australia, and if so, whether it would likely hear the case, and what range of possible mechanisms exist to ensure that the case could ultimately make its way to the High Court.
3. (iii) What grounds are available if he were to commence proceedings in a court.
4. (iv) Whether there is any way that he could argue that the HRC delegate failed to consider the relevance of international agreements to which Australia is a signatory.
5. (v) Whether he is likely to succeed if he were to advance the argument referred to immediately above in (iv).