Heiner v Minister for Home Affairs [2021] FCA 212

Federal Court of Australia

Heiner v Minister for Home Affairs [2021] FCA 212 File number: VID 376 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 16 March 2021

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Australian Human Rights Commission to cease inquiring into the Applicant's complaint – whether Applicant's complaint was properly closed having regard to s 20(2) of the Australian Human Rights Commission Act 1986 (Cth) – no error in Commission's decision to cease inquiring into the Applicant's complaint – Applicant attempting to re-litigate issues that had been raised unsuccessfully on earlier occasions – application dismissed

Legislation: Australian Citizenship Act 1948 (Cth), s 17 Australian Citizenship Act 2007 (Cth), ss 16(2), 21(6), 29 Australian Human Rights Commission Act 1986 (Cth), ss 11(f), 20(2) Federal Court of Australia Act 1976 (Cth), ss 14(2), 25(1) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3; 248 CLR 1 Heiner and Minister for Immigration and Citizenship [2012] AATA 236 Heiner v Minister for Immigration and Citizenship [2013] FCA 617 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 1; 237 FCR 1 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration, Local Government and Ethnic Affairs v Gugerli [1992] FCA 316; 36 FCR 68 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473 R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd [1953] HCA 22; 88 CLR 100 SBBA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 90 Sun v Minister for Immigration and Ethnic Affairs [1977] FCA 1488; 81 FCR 71 United Firefighters' Union of Australia v Victorian Equal Opportunity and Human Rights Commission [2017] VSC 773 VFAB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872; 131 FCR 102 Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 242; 146 FCR 10