Ali Yasmin, also known as Ali Jasmin, was 14 when he was locked up in a maximum security prison from 2010 to 2012.

The authorities had proof of his age, but let him spend two years in the adult jail.

Mr Yasmin has spent the last year fighting to force the Commonwealth Attorney-General to refer his case to the Western Australia Court of Appeal so he can ask for his conviction can be quashed as he was a minor at the time.

The government policy at the time stated that underage boat crew should be return home and not be prosecuted, including those whose age could not be determined.

If his conviction were quashed, he could then potentially sue the government for wrongful imprisonment.

Attorney-General George Brandis had previously resisted making the referral, and Mr Yasmin launched court action to force the decision.

Mr Jasmin's lawyer, Sam Tierney, from Canberra law firm Ken Cush and Associates, confirmed his office had on Wednesday received correspondence that Mr Brandis had relented and referred the case to the WA court as requested.

Mr Brandis used a Commonwealth instrument to direct the WA Court of Appeal to review the conviction.

"A petition … for a review of the … conviction has been made to the Attorney-General for the Commonwealth of Australia by the petitioner," the instrument said.

"I, George Brandis, Attorney-General for the Commonwealth of Australia, having duly considered the petition, have decided to exercise my discretion to refer the whole case to the Court of Appeal as if it were an appeal by the petitioner against the petitioner's conviction."

Mr Tierney said: "Mr Yasmin is delighted that the Attorney-General has decided to refer his case to the Court of Appeal in Western Australia so that the circumstances of his earlier case can be examined by the Court."

Yasmin came to Australia as a crew member aboard a boat carrying 55 Afghan nationals in December 2009.

The Immigration Department believed he was about 14, but the Australian Federal Police instead estimated his age as 19.

Yasmin was tried as an adult and five-year jail sentence for people smuggling.

He celebrated his 16th birthday in jail, before being granted early release to return to his home island of Flores.

Earlier this year, the full court of the Federal Court found Mr Brandis had a duty to help correct a miscarriage of justice as a fundamental aspect of the criminal justice system.

In doing so, the judges overturned an earlier decision that found the Commonwealth Attorney-General had no legal duty to consider Yasmin's request.

Mr Brandis' decision means the federal court case is likely to be discontinued.