O'Donoghue v Commonwealth of Australia [2012] FCA 1160

FEDERAL COURT OF AUSTRALIA

O'Donoghue v Commonwealth of Australia [2012] FCA 1160 Citation: O'Donoghue v Commonwealth of Australia [2012] FCA 1160

Parties: VINCENT THOMAS O'DONOGHUE v COMMONWEALTH OF AUSTRALIA and MINISTER FOR IMMIGRATION & CITIZENSHIP

File number: WAD 219 of 2012

Judge: BARKER J

Date of judgment: 23 October 2012

Catchwords: ADMINISTRATIVE LAW – Freedom of Information Act 1982 (Cth) – judicial review – internal review of a decision

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Extradition Act 1988 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M(1), Pt VB Freedom of Information Act 1982 (Cth) s 16, s 54B(1), s 54C, s 54D, Pt VI Federal Court Rules 2011 (Cth) R 4.12

Date of hearing: 17 October 2012

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 58

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondents: Mr P MacLiver

Solicitor for the Respondents: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 219 of 2012

BETWEEN: VINCENT THOMAS O'DONOGHUE

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent

JUDGE: BARKER J DATE OF ORDER: 23 OCTOBER 2012 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The name of the first respondent be changed to Commonwealth of Australia. 2. The proceeding be dismissed. 3. The applicant pay the respondents' costs of the proceeding from and after 20 September 2012 to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.