Federal Court of Australia
Federal Court of Australia
EWV20 as litigation representative for AFF20 v Minister for Home Affairs [2021] FCA 272 File number(s): NSD 726 of 2020
Judgment of: GRIFFITHS J
Date of judgment: 24 March 2021
Catchwords: PRACTICE AND PROCEDURE – application in judicial review proceeding for an order that Minister answer interrogatories under r 21.01 of the Federal Court Rules 2011 (Cth) – where applicant seeks judicial review of the personal exercise of power by Minister under s 501(3) of the Migration Act 1958 (Cth) – whether applicant's pleading discloses more than a "bare allegation" – whether discretion should not be exercised because of "impracticalities" for Minister – application granted
Legislation: Migration Act 1958 (Cth) s 501(3), Pt 9 Federal Court Rules 2011 (Cth) r 21.01
Cases cited: Minister for Immigration & Multicultural & Indigenous Affairs v Wong [2002] FCAFC 327 QJMV v Minister for Home Affairs [2021] FCA 136 QJMV v Minister for Home Affairs [2021] FCA 255
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 24
Date of hearing: 23 March 2021
Counsel for the Applicant: Mr A Aleksov
Solicitor for the Applicant: Carina Ford Immigration Lawyers
Counsel for the Respondent: Mr C Lenehan SC with Ms K Pham
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 726 of 2020
BETWEEN: EWV20 AS LITIGATION REPRESENTATIVE FOR AFF20 Applicant
AND: MINISTER FOR HOME AFFAIRS Respondent
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