Pulini v Assistant Minister to the Attorney-General of the Commonwealth of Australia [2021] FCA 1543

Federal Court of Australia

Pulini v Assistant Minister to the Attorney-General of the Commonwealth of Australia [2021] FCA 1543 Review of: Decision of the Assistant Minister to the Attorney-General of the Commonwealth of Australia

File number: QUD 149 of 2021

Judgment of: RANGIAH J

Date of judgment: 10 December 2021

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decisions of the Assistant Minister to refuse the applicants parole – whether Assistant Minister failed to consider the applicants' submission that their rehabilitative progress made the present time optimal for their release – ground rejected – whether Assistant Minister failed to consider submission that the applicants' youngest child was struggling in their absence – ground upheld – consideration of materiality of error – whether Assistant Minister's reliance on risk to community safety in the absence of express reasoning or findings was illogical or legally unreasonable – ground dismissed – whether Assistant Minister's reasons were inadequate – ground dismissed – application allowed – Assistant Minister's decisions set aside and remitted

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Crimes Act 1914 (Cth) ss 19AB, 19AKA, 19AL, 19ALA and 19ALB Migration Act 1958 (Cth) s 430(1)

Cases cited: Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Dornan v Riordan (1990) 24 FCR 564 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Duxerty v Minister for Justice and Customs [2002] FCA 1518; (2002) 136 A Crim R 373 Khazaal v Attorney-General [2020] FCA 448 Leggett v Queensland Parole Board [2012] QSC 121 Lodhi v Attorney-General (Cth) [2020] FCA 1383 McGrane v Queensland State Parole Board [2010] QSC 209 Minister for Home Affairs v Ogawa (2019) 269 FCR 536 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 MZZGE v Minister for Immigration and Border Protection [2019] FCAFC 72 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NBMZ v Minister for Immigration and Border Protection (2018) 220 FCR 1 Re The Australian Bank Employees Union; Ex Parte Citicorp Australia Limited (1989) 167 CLR 513 Soliman v University of Technology, Sydney (2012) 207 FCR 277 Williams v Minister for the Environment and Heritage (2003) 74 ALD 124