Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ogawa v Carter [2020] FCA 828 File number: QUD 411 of 2019
Judge: RANGIAH J
Date of judgment: 16 June 2020
Catchwords: ADMINISTRATIVE LAW – application for issue of writ of certiorari quashing decision to approve payment plan for Commonwealth debt – whether decision-maker had authority to make the decision – whether decision-maker failed to take into account a relevant consideration – whether decision was legally unreasonable – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Public Governance, Performance and Accountability Act 2013 (Cth) ss 10, 11, 12, 63, 107 and 110 Migration Regulations 1994 (Cth) Sch 4
Cases cited: Minister for Home Affairs v Ogawa [2019] FCAFC 98 Minister for Home Affairs v Ogawa [2019] HCASL 375 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Ogawa v Minister for Immigration and Border Protection [2018] FCA 62
Date of hearing: 3 March 2020
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 42
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondents: Ms B O'Brien
Solicitor for the Respondents: Australian Government Solicitor
ORDERS QUD 411 of 2019
BETWEEN: MEGUMI OGAWA Applicant
AND: SANDRA CARTER OF THE DEPARTMENT OF HOME AFFAIRS AS THE SECOND DELEGATE OF THE FINANCE MINISTER First Respondent
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