Jackson v Minister for Justice [2011] FCA 831

FEDERAL COURT OF AUSTRALIA

Jackson v Minister for Justice [2011] FCA 831 Citation: Jackson v Minister for Justice [2011] FCA 831

Parties: PETER F JACKSON v MINISTER FOR JUSTICE

File number: QUD 536 of 2010

Judge: COLLIER J

Date of judgment: 26 July 2011

Catchwords: ADMINISTRATIVE LAW – application pursuant to s 5(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) for order of review – applicant currently serving prison sentence following conviction related to importation of cocaine – federal offence pursuant to s 233B(1) Customs Act 1901 (Cth) – decision of Minister to refuse application to grant licence for early release from prison pursuant to s19AP Crimes Act 1914 (Cth) – Minister found exceptional circumstances existed justifying grant of licence – no dispute that decision was made despite some ambiguity in reasons for decision – whether breach of rules of natural justice – whether failure to distinguish between custody and parole in determining reduction of sentence – whether immigration status of applicant a relevant consideration – whether precedents in respect of discount of sentence were properly considered by Minister

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1), 7 Crimes Act 1914 (Cth) s 19AP Customs Act 1901 (Cth) s 233B(1)(aa)

Cases cited: Attorney-General of the Commonwealth v Foster (1999) 84 FCR 582 Cornwell v Attorney-General of the Commonwealth of Australia (1993) 45 FCR 492 Duxerty v Minister for Justice and Customs (2002) FCA 1518 Martens v Commonwealth (2009) 174 CLR 114 Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 R v Gladkowski (2000) QCA 352 R v Jackson [2003] QCA 31 Zoeller v Attorney-General of the Commonwealth (1987) 16 FCR 153