Brehoi v Attorney General of the Commonwealth of Australia [2000] FCA 1747

FEDERAL COURT OF AUSTRALIA

Brehoi v Attorney-General of the Commonwealth of Australia [2000] FCA 1747 ADMINISTRATIVE LAW – application for review of decision refusing grant of legal assistance under s 69(2) Administrative Appeals Tribunal Act 1975 (Cth) – whether s 69(2) confers on the applicant a right to legal assistance, or merely confers on the Attorney-General a discretion which may be exercised if the Attorney-General is satisfied as to certain matters – whether AAT is bound to ensure an applicant is legally represented in proceedings for review of a deportation order – policy guidelines not to be treated as mandatory criteria, in substitution for the statutory test – whether the decision-maker failed to take into account relevant considerations – whether the decision-maker was subject to a duty to inquire – whether failure to refer to a material matter will give rise to an inference that the decision-maker did not consider the matter – whether s 256 Migration Act 1958 (Cth) requires that a person in immigration detention be provided with legal assistance, or only be provided reasonable access to legal assistance

Administrative Decisions (Judicial Review) Act 1977 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 69(2) Migration Act 1958 (Cth) ss 200, 201, 256, 500(1)(a) Brehoi v Minister for Immigration & Multicultural Affairs [1999] FCA 772 referred to Nguyen v Minister for Immigration & Multicultural Affairs [2000] FCA 1265 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-1986) 162 CLR 24 applied Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FLR 409 applied Sean Investments v MacKellar (1981) 38 ALR 363 cited Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 cited Foxtel Management Pty Ltd v Australian Competition & Consumer Commission (2000) 173 ALR 362 referred to Abebe v Commonwealth of Australia (1999) 162 ALR 1 applied Detsongjarus v Minister for Immigration, Local Government & Ethnic Affairs (1990) 21 ALD 139 cited Australian Conservation Foundation v Forestry Commission (1988) 79 ALR 685 cited Steed v Minister for Immigration & Ethnic Affairs (1981) 37 ALR 620 referred to Sullivan v Department of Transport (1978) 20 ALR 323 cited Choo Ai Lin v Minister for Immigration & Ethnic Affairs (1996) 45 ALD 291 cited Li Shi Ping v Minister for Immigration, Local Government & Ethnic Affairs (1994) 35 ALD 395 discussed NICHOLAS BREHOI v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA N 822 OF 2000 HELY J 6 DECEMBER 2000 SYDNEY