Federal Court of Australia
Federal Court of Australia
AIX20 v Minister for Home Affairs [2020] FCA 1640 File number(s): VID 41 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 11 November 2020
Catchwords: PRACTICE AND PROCEDURE – application in judicial review proceeding for an order that Minister answer interrogatories – where applicant claims Minister failed to have regard to mandatory considerations – whether any answer given to proposed interrogatories could be relevant to that contention
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 48A, 48B, 189, 197C, 198, 501(3)(b), 501(6)
Cases cited: Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 Bushell v Secretary of State for the Environment [1981] AC 75 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Secretary, Department of Sustainability and Environment (Vic) v Minister for Sustainability, Environment, Water, Population and Communities (Cth) (2013) 209 FCR 215
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 16
Date of last submission: 16 October 2020
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr E Nekvapil
Solicitor for the Applicant: Victoria Legal Aid
Counsel for the First Respondent: Mr CJ Tran
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The second respondent did not appear
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