Federal Court of Australia
Federal Court of Australia
DYS21 v Attorney-General (Cth) [2021] FCA 1331 File number: NSD 717 of 2021
Judgment of: BROMWICH J
Date of judgment: 1 November 2021
Catchwords: ADMINISTRATIVE LAW – application for judicial review of Commonwealth Attorney-General's decision to refuse to grant parole – whether the making of the decision was an improper exercise of the power conferred or a jurisdictional error occurred in connection with the making of the decision – held: decision set aside by reason of improper exercise of power and corresponding jurisdictional error.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(a), 5(1)(e) Crimes Act 1914 (Cth) pt IB div 5 subdiv A, ss 19AKA, 19AL(1) Criminal Code (Cth), contained in the Schedule to the Criminal Code Act 1995 (Cth) ss 474.19(1)(a)(iiii), 474.20(1) Judiciary Act 1903 (Cth) s 39B
Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Khazaal v Attorney-General (Cth) [2020] FCA 448 Lodhi v Attorney-General (Cth) [2020] FCA 1383 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 41
Date of hearing: 1 October 2021
Counsel for the Applicant: G Lewer
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