Ogawa v Finance Minister [2021] FCA 59

Federal Court of Australia

Ogawa v Finance Minister [2021] FCA 59 File number: QUD 112 of 2020

Judgment of: SNADEN J

Date of judgment: 5 February 2021

Catchwords: ADMINISTRATIVE LAW – judicial review – refusal to grant act of grace payment – whether applicant afforded procedural fairness – whether decision legally unreasonable – whether decision was otherwise tainted by jurisdictional error – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 – ss 3, 5, 6 and 7 Australian Human Rights Commission Act 1986 (Cth) – sch 2; ss 7, 11 and 29 Migration Act 1958 (Cth) – ss 189 and 351 Public Governance, Performance and Accountability Act 2013 (Cth) – s 65 International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 arts 2, 9. (entered into force 23 March 1976) United Nations Convention on the Rights of the Child. Opened for signature 20 November 1989. 1577 UNTS 3. (entered into force 2 September 1990)

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 CRU18 v Minister for Home Affairs [2020] FCAFC 129 Griffith University v Tang (2005) 221 CLR 99 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for State of Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Ogawa v Minister for Immigration and Multicultural Affairs and Another [2006] 156 FCR 246 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389