Godla v Commissioner of Police, New South Wales Police Force [2020] FCA 489

FEDERAL COURT OF AUSTRALIA

Godla v Commissioner of Police, New South Wales Police Force [2020] FCA 489 File number: NSD 2184 of 2019

Judge: BROMWICH J

Date of judgment: 16 April 2020

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision under federal statute made by an agent of a state decision-maker, the Commissioner of Police, NSW – pseudonym application – where the Commissioner's agent refused applications by the applicant for permission to travel as required by s 271A.1 of the Criminal Code (Cth) in circumstances where the applicant was named on the NSW Child Protection Register – where the Minister for Foreign Affairs cancelled the applicant's passport and refused to reinstate the applicant's passport – whether decision-makers made reviewable errors under s 5, s 6, or s 7 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – no other viable grounds of review established – application dismissed with costs

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1), 5(2), 6, 7, 13 Australian Passports Act 2005 (Cth) ss 12(1A), 12(2) Child Protection (Offenders Registration) Act 2000 (NSW) ss 3(1)(1a), 3(1)(n), s 14A(1)(a), s 19, s 22AA Crimes Act 1900 (NSW) s 61KC, former s 61L Criminal Code (Cth) s 271A.1 Federal Court of Australia Act 2011 (Cth) s 37AG(1)(a)

Cases cited: AB v Chief Commissioner of Police [2020] FCA 14 Ammouche v Chief Commissioner of Police [2018] FCA 1703; 266 FCR 430 Jilalo v Commissioner of Police (NSW) [2020] FCA 63 MSB v Chief Commissioner of Police [2018] VCCA 345; 57 VR 360