Ng v Attorney-General [2017] FCA 1392

FEDERAL COURT OF AUSTRALIA

Ng v Attorney-General [2017] FCA 1392 File number: NSD 143 of 2017

Judge: BROMWICH J

Date of judgment: 28 November 2017

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision by delegate of Attorney-General to refuse to make order under s 19APA(1)(d) of Crimes Act 1914 (Cth) to amend terms of release on licence from prison – transfer of prisoner from China to Australia – alleged breach of natural justice (Ground A) – alleged error of law due to improper construction of ss 19AP and 19APA of Crimes Act 1914 (Cth) (Ground B) – alleged adoption of rule or policy without regard to individual merits of case (Ground C) – alleged failure to carry out statutory task (Ground D) – alleged regard to irrelevant consideration (Ground E) – whether memorandum to delegate formed part of delegate's reasons – whether letter from delegate regarding licence conditions constituted application of policy without regard to individual merits of case – held: memorandum did not constitute any part of delegate's reasons – held: no application of policy without regard to individual merits of case – held: no basis to conclude that Chinese sentence was disproportionate – held: no breach of procedural fairness – held: application dismissed on all grounds

Legislation: Acts Interpretation Act 1901 (Cth), ss 19(1), 20 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 13 Crimes Act 1914 (Cth), ss 19AP, 19APA International Transfer of Prisoners Act 1997 (Cth), ss 24, 42, 43, 44, 45, 46 International Transfer of Prisoners (China) Regulations 2011 (Cth), Sch 1