Cwalino v Honourable Brendan O'Connor [2011] FCA 1257

FEDERAL COURT OF AUSTRALIA

Cwalino v Honourable Brendan O'Connor [2011] FCA 1257 Citation: Cwalino v Honourable Brendan O'Connor [2011] FCA 1257

Parties: SUZANNE NICOLE CWALINO v HONOURABLE BRENDAN O'CONNOR

File number: ACD 49 of 2011

Judge: FINN J

Date of judgment: 3 November 2011

Catchwords: ADMINISTRATIVE LAW – Extension of time in which to apply for an order of review – Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11(1)(c) – Validity of refusal to consent to the international transfer of a prisoner – International Transfer of Persons Act 1977 (Cth) s 20(3).

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11(1)(c) International Transfer of Persons Act 1997 (Cth) Act s 20(3) Convention on the Transfer of Sentenced Persons, Strasbourg, 21 March 1983

Date of hearing: 3 November 2011

Place: Canberra

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: The Applicant appeared in person.

Counsel for the Respondent: Ms H Younan

Solicitor for the Respondent: Blake Dawson

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 49 of 2011

BETWEEN: SUZANNE NICOLE CWALINO

Applicant

AND: HONOURABLE BRENDAN O'CONNOR

Respondent

JUDGE: FINN J DATE OF ORDER: 3 NOVEMBER 2011 WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. An extension of time to file and serve an application under the ADJR Act be granted. 2. The decision of the respondent Minister of 9 May 2011 be set aside. 3. No order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.