Federal Court of Australia
Federal Court of Australia
Ogawa v Finance Minister [2021] FCAFC 149 Appeal from: Ogawa v Finance Minister [2021] FCA 59
File number(s): QUD 62 of 2021
Judgment of: LOGAN, FARRELL AND ANDERSON JJ
Date of judgment: 19 August 2021
Catchwords: ADMINISTRATIVE LAW – judicial review – whether appellant afforded procedural fairness – whether the primary judge misconceived the appellant's claim – whether the primary judge did not consider the appellant's actual claim when making the decision to refuse the appellant's act of grace payment, resulting in judicial error – appeal dismissed with costs
Legislation: Australian Human Rights Commission Act 1986 (Cth) – s 29 International Covenant on Civil and Political Rights Public Governance, Performance and Accountability Act 2013 (Cth) – s 65 International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 Arts 2, 9. (entered into force 23 March 1976) - Arts 2(3), 9 and 9(5)
Cases cited: CPJ16 v Minister for Home Affairs [2020] FCAFC 212 International Finance Trust Company Limited v New South Wales Crime Commission (2009) 240 CLR 319; [2009] HCA 49 Ogawa v Finance Minister [2021] FCA 59
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 30
Date of hearing: 13 August 2021
Counsel for the Appellant: The Appellant appeared on her own behalf.
Counsel for the Respondent: Ms B O'Brien
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