Ogawa v Finance Minister [2022] FCAFC 145

Federal Court of Australia

Ogawa v Finance Minister [2022] FCAFC 145 Appeal from: Ogawa v Finance Minister [2021] FCA 1666

File numbers: QUD 450 of 2021 QUD 6 of 2022

Judgment of: CHARLESWORTH, THAWLEY AND GOODMAN JJ

Date of judgment: 31 August 2022

Catchwords: ADMINISTRATIVE LAW – appeal from orders dismissing an application for judicial review of a decision of the Finance Minister – Finance Minister refusing to waive a debt owed by the appellant to the Commonwealth – whether primary judge erred in refusing to hear arguments about earlier waiver requests and litigation that had not been raised before the Finance Minister in support of the waiver request – whether primary judge erred in concluding that the Finance Minister understood and had regard to the appellant's arguments – whether primary judge failed to afford the appellant procedural fairness – whether the appellant should be permitted to raise arguments concerning prior waiver requests and subsequent litigation on appeal – appeal dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Federal Court of Australia Act 1976 (Cth) ss 24, 25 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Public Governance, Performance and Accountability Act 2013 (Cth) ss 63, 64 Federal Court Rules 2011 (Cth) r 4.12

Cases cited: Charisteas v Charisteas [2021] HCA 29; 393 ALR 389 Ogawa v Finance Minister [2020] FCA 829 Ogawa v Finance Minister [2021] FCA 1666 Ogawa v Finance Minister [2021] FCAFC 17 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589