Federal Court of Australia
Federal Court of Australia
Ogawa v Carter (Delegate of Finance Minister) [2021] FCAFC 16 Appeal from: Ogawa v Carter [2020] FCA 828
File number: QUD 189 of 2020
Judgment of: LOGAN, KATZMANN AND JACKSON JJ
Date of judgment: 24 February 2021
Catchwords: ADMINISTRATIVE LAW – appeal from decision of Federal Court of Australia dismissing the appellant's application for judicial review – where Minister entered into payment plan with appellant – whether decision-maker had authority to make the decision – where delegation made under the Public Governance, Performance and Accountability Act 2013 (Cth) – whether decision-maker failed to take into account a relevant consideration – whether decision was legally unreasonable – where matter is subject to inexcusable delay – appeal dismissed PRACTICE AND PROCEDURE – onus of proof – where appellant to prove occurrence of alleged jurisdictional error – where appellant could have delivered notice to admit under r 22.01 of Federal Court Rules 2011 (Cth) – where appellant did not discharge onus of proof
Legislation: Constitution s 75 Evidence Act 1995 (Cth) s 140 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Public Governance, Performance and Accountability Act 2013 (Cth) ss 63, 107, 110 Federal Court Rules 2011 (Cth) r 22.01 Migration Regulations 1994 (Cth) reg 1.09A
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 BVD17 v Minister for Immigration and Border Protection (2019) 93 ALJR 1091 Leung v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 400 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v DUA16 (2020) 95 ALJR 54 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIQB [2008] FCAFC 20 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82
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