Federal Court of Australia
gore
CATCHWORDS
ADMINISTRATIVE LAW ~ Application requiring Repatriation Commission to make a decision - unreasonable delay -
objective determination-relevant considerations.
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
se.7(1)(2) s.3(1) s.16(3).
REPATRIATION ACT 1920 s.107 VL(2)(b)
ISABEL ALICE THORNTON Vv THE REPATRIATION COMMISSION CORAM: FISHER J. DATE: 10 JUNE 1981
PLACE: ADELAIDE.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY ) W.A. G No.4 of 1981 ) )
GENERAL DIVISION
BETWEEN:
ISABEL ALICE THORNTON Applicant
- and ~-
THE REPATRIATION COMMISSION {
Ly
Respondent
ORDER
JUDGE MAKING ORDER
FISHER J.
10 June 1981
DATE OF ORDER
WHERE MADE : Adelaide
THE COURT ORDERS THAT 1. The application be dismissed.
2. The applicant pay the costs of the application.
.
IN THE FEDERAL COURT OF AUSTRALIA ) )
WESTERN AUSTRALIA DISTRICT REGISTRY ) W.A. G No. 4 of 1981 ) )
GENERAL DIVISION
BETWEEN:
ISABEL ALICE THORNTON Applicant
- and - .
THE REPATRIATION COMMISSION
Respondent
REASONS FOR JUDGMENT
CORAM: Fisher J.
10 June 1981
This 1s an application under the provisions of the Administrative Decisions (Judic1ral Review) Act 1977 ("the Act"} for an order of review. It 18 made pursuant to s.7(1) of the Act and the applicant complains not of a decision made but of the failure of the Repatriation Commission ("the Commission") to make a decision. Such an order is the applicant's entitlement if she can establish that there has been unreasonable delay on the part of the Commission in making the decision. Section 7(1) of the Act , 1s in the following terms:
"(1) Where -
(a) a person has a duty to make a decision to which this Act applies;
(b) there 1s no law that prescribes a period within which the person 1s required to make that decision; and
(c) the person has failed to make that decision,
a person who is aggrieved by the failure of the first mentioned person to make the decision may apply to the Court for an order of review 1n respect of the failure to make the decision on the ground that there has been unreascnable delay in making the decision." Section 7(2) has no relevance to this application, in that it relates to the situation where the law prescribes a period within
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate