Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hasim v Attorney-General of the Commonwealth [2013] FCA 1433 Citation: Hasim v Attorney-General of the Commonwealth [2013] FCA 1433
Parties: HASIM, ASIS TONG and ANDI RIDWAN v ATTORNEY-GENERAL OF THE COMMONWEALTH
File number(s): QUD 153 of 2013
Judge(s): GREENWOOD J
Date of judgment: 23 December 2013
Catchwords: CRIMINAL LAW – consideration of an application for an order for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) in respect of a decision of the delegate of the Attorney-General for the Commonwealth in refusing an application for early release under s 19AP of the Crimes Act 1914 (Cth) HIGH COURT AND FEDERAL COURT – consideration of the principles to be applied in relation to the discretion conferred under s 19AP(1) in conjunction with s 19AP(4) of the Crimes Act 1914 (Cth)
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(e), 5(1)(f), 5(1)(g), 5(2)(a), 5(2)(b) Crimes Act 1914 (Cth), ss 19AP(1), (2), (3), (4), (7) and (8) Migration Act 1958 (Cth), ss 233A, 233C(1), (2), (3) Director of Public Prosecutions Act 1983 (Cth), s 8(1) Direction issued by the Attorney-General for the Commonwealth dated 27 August 2012 made under s 8 of the Director of Public Prosecutions Act 1983 (Cth)
Cases cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 - cited Minister for Immigration and Citizenship v Li and Another (2013) 297 ALR 225 – cited and quoted Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 - cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 – cited and quoted Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 – cited and quoted Bromley London Borough Council v Greater London Council [1983] 1 AC 768 – cited and quoted Re W (an Infant) [1971] AC 682 – cited and quoted Brehoi v Attorney-General for the Commonwealth [2000] FCA 1747 - cited Sean Investments Pty Ltd v Mackellar (1981) 38 ALR 363 - cited Reg v Kelly (Edward) (C.A.) [2000] 1 Q.B. 198 – cited and quoted Nikac v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 65 – cited and quoted MLC Investments Ltd v Commissioner of Taxation [2003] FCA 1487 – cited Hatcher v Cohn (2004) 139 FCR 425 – cited and quoted Haoucher v Minister of Immigration and Ethnic Affairs (1990) 169 CLR 648 Maan v Minister for Immigration and Citizenship [2009] FCAFC 150 - cited Ho v Professional Services Review Committee No 295 [2007] FCA 388 – cited and quoted Cornwell v Attorney-General of the Commonwealth of Australia (1993) 45 FCR 492 – cited and quoted Baker v The Queen (2004) 223 CLR 513 - cited House v The King (1936) 55 CLR 499 – cited
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