Federal Court of Australia
Federal Court of Australia
QJMV v Minister for Home Affairs [2021] FCA 136 File number: VID 13 of 2021
Judgment of: ALLSOP CJ
Date of judgment: 24 February 2021
Date of publication of reasons: 25 February 2021
Catchwords: PRACTICE AND PROCEDURE – application in judicial review proceeding for an order that Minister answer interrogatories and for orders that Minister and Commonwealth produce documents – whether application is premature where court book is yet to be filed – whether interrogatories are directed to any issue in the proceeding – where applicant seeks judicial review of decision of Commonwealth officer to refer decision of Administrative Appeals Tribunal to Minister – where applicant seeks judicial review of the personal exercise of power by Minister under s 501A of the Migration Act 1958 (Cth) – where applicant raises issue of inappropriate delegation – application granted
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 501A(2)
Cases cited: Assistant Manager for Immigration and Border Protection v Splendido [2019] FCAFC 132; 271 FCR 595 Jabbour v Secretary, Department of Home Affairs [2019] FCA 452; 269 FCR 438 Mason v Minister for Home Affairs [2020] FCA 1787
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 19
Date of hearing: 24 February 2021
Counsel for the Applicant: Ms L De Ferrari SC with Mr G Hughan
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