Bibawi v Australian Human Rights Commission [2021] FCA 1476

Federal Court of Australia

Bibawi v Australian Human Rights Commission [2021] FCA 1476 File number(s): QUD 341 of 2020

Judgment of: GREENWOOD J

Date of judgment: 24 November 2021

Catchwords: HUMAN RIGHTS – consideration of an application for judicial review of a decision of the Australian Human Rights Commission by which the decision-maker concluded that the applicant had not made a "complaint" that satisfied the requirements of s 46P of the Australian Human Rights Commission Act 1986 (Cth) ADMINISTRATIVE LAW – consideration of whether a decision-maker on behalf of the Australian Human Rights Commission fell into reviewable error in reaching a decision that an applicant had not made a "complaint" that satisfied the requirements of s 46P of the Australian Human Rights Commission Act 1986 (Cth)

Legislation: Administrative Decision (Judicial Review) Act 1977 (Cth), ss 5(1), 5(2), 5(3) Australian Human Rights Commission Act 1986 (Cth), ss 3(1), 26, 31, 46P(1), 46P(1A), 46P(1B), 46P(2) Disability Discrimination Act 1992 (Cth), s 42 Racial Discrimination Act 1975 (Cth), ss 11, 27(2)

Cases cited: BDQ19 v Minister for Home Affairs [2019] FCA 1630 Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Deputy Commissioner of Taxation v Leaver [2015] FCA 1454 Gupta v Minister for Immigration and Border Protection [2016] FCA 1004 Murrumbidgee Groundwater Preservation Association Inc v Minister for Natural Resources [2005] NSWCA 10 MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 Penhall-Jones v New South Wales [2007] FCA 925 Rivas v Republic of Chile [2019] FCA 1940 SZJMG v Minister for Immigration and Citizenship [2008] FCA 1145