Applicant S214 of 2002 v Attorney-General of Australia [2004] FCA 1635

FEDERAL COURT OF AUSTRALIA

Applicant S214 of 2002 v Attorney-General of Australia [2004] FCA 1635

ADMINISTRATIVE LAW – judicial review – request for funding under s 69 of the Administrative Appeals Tribunal Act 1975 (Cth) – request refused by delegate of Attorney-General – delegate's decision made pursuant to departmental guidelines – guidelines treated by delegate as mandatory criteria to be substituted for the statutory test – consequent neglect of relevant consideration – error demonstrated – application allowed – decision set aside – matter referred to Attorney-General for further consideration Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, 5(3), 16(1)(b), 16(1)(d) Administrative Appeals Tribunal Act 1975 (Cth) s 35, 35(2), 69, 69(1), 69(2)

Convention Relating to the Status of Refugees (1951) Protocol Relating to the Status of Refugees (1967) Brehoi v Attorney-General for the Commonwealth [2000] FCA 1747 cited British Oxygen Co Ltd v Minister of Technology [1971] AC 610 cited Chumbairux v Minister for Immigration & Ethnic Affairs (1986) 74 ALR 480 applied Elias v Federal Commissioner of Taxation (2002) 123 FCR 499 applied Howells v Nagrad Nominees Pty Ltd (1982) 66 FLR 169 considered Minister for Immigration & Ethnic Affairs v Conyngham (1986) 68 ALR 441 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied MLC Investments Ltd v Commissioner of Taxation (2003) 205 ALR 207 applied Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 applied Surinakova v Minister for Immigration, Local Government & Ethnic Affairs (1991) 33 FCR 87 considered Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FLR 409 applied APPLICANT S214 OF 2002 v ATTORNEY-GENERAL OF AUSTRALIA NSD 1750 OF 2004 HELY J 13 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA