Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DCM20 v Secretary, Department of Home Affairs [2020] FCA 1022 File number(s): NSD 68 of 2020
Judge(s): PERRY J
Date of judgment: 20 July 2020
Catchwords: MIGRATION – where applicant made repeat request for ministerial intervention under s 351, Migration Act 1958 (Cth) – where Assistant Director, Department, signed minute declining to refer repeat request to the Minister in exercise of non-statutory executive power with short reasons in line with Ministerial guidelines – where applicant submitted Assistant Director's decision was susceptible to judicial review on grounds of legal unreasonableness applying Jabbour v Secretary, Department of Home Affairs (2019) 269 FCR 438 – where Minister made formal submission that Jabbour was wrongly decided – consideration of principles regarding drawing of inferences where no statutory obligation to provide reasons – application dismissed
Legislation: Migration Act 1958 (Cth) ss 48A, 48B, 351, 476A Judiciary Act 1903 (Cth) s 39B
Cases cited: Alfred v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 457 Civil Aviation Safety Authority v Central Aviation Pty Ltd [2009] FCAFC 137; (2009) 179 FCR 554 CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 791 Jabbour v Secretary, Department of Home Affairs [2019] FCA 452; (2019) 269 FCR 438 Minister for Foreign Affairs v Lee [2014] FCA 927; (2014) 227 FCR 279 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister of Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; (2012) 246 CLR 636 XA v Minister for Home Affairs [2019] FCAFC 166
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