Ogawa v Finance Minister [2021] FCAFC 17

Federal Court of Australia

Ogawa v Finance Minister [2021] FCAFC 17 Appeal from: Ogawa v Finance Minister [2020] FCA 829

File number: QUD 208 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 did not waive debt of appellant – whether decision was legally unreasonable – where AHRC recommended compensation – appeal dismissed PRACTICE AND PROCEDURE – where appellant granted leave at first instance to amend originating application to include additional grounds of review – where appellant did not include grounds in originating application – where appellant seeks to raise similar grounds in appeal – where appellant self-represented

Legislation: Constitution s 75 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Public Governance, Performance and Accountability Act 2013 (Cth) s 63

Cases cited: AAL19 v Minister for Home Affairs [2020] FCAFC 114 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Coulton v Holcombe (1986) 162 CLR 1 Flightdeck Geelong Pty Ltd v All Options Pty Ltd (2020) 147 ACSR 227 Latoudis v Casey (1990) 170 CLR 534 Marbury v Madison 5 US (1 Cranch) 137 (1803) Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Minister for Home Affairs v Ogawa (2019) 269 FCR 536 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Ogawa v Carter (Delegate of Finance Minister) [2021] FCAFC 16 Ogawa v Finance Minister [2020] FCA 829 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481