LPSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1563

Federal Court of Australia

LPSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1563 File number: VID 323 of 2021

Judgment of: BROMBERG J

Date of judgment: 15 December 2021

Catchwords: PRACTICE AND PROCEDURE – application for judicial review of a direction made under s 33 of the Administrative Appeals Tribunal Act 1975 (Cth) – interpretation of s 33 of the Act – whether a direction compelling a party to participate in a psychiatric examination involuntarily was authorised by s 33 of the Act – statutory presumption that a direction of a court or tribunal which interferes with the liberty of an individual generally requires specific statutory authority – common law right to privacy – whether the direction was legally unreasonable – whether the direction was an improper exercise of power because it was uncertain – application granted on the basis that the direction was not authorised by s 33 of the Act

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2, 33, 43(1), 63(2) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16(1)(a) Federal Court of Australia Act 1976 (Cth) s 23 Human Rights Act 1998 (UK) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36(1C), 60, 427(1)(d) Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 62

Cases cited: Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities (2013) 215 FCR 301 Cann's Pty Ltd v The Commonwealth (1946) 71 CLR 210 Charara v Commissioner of Taxation [2016] FCA 451 Director of Public Prosecutions v Kaba (2014) 44 VR 526 Furesh v Schor (2013) 45 WAR 546 Hastwell v Kott Gunning (No 5) [2020] FCA 621 Hastwell v Kott Gunning [2021] FCAFC 70 King Gee Clothing Co Pty Ltd v The Commonwealth (1945) 71 CLR 184 Lawyers for Forests Inc v Minister for the Environment, Heritage and the Arts [2009] FCA 330 Nursing and Midwifery Board of Australia v HSK (2019) 1 QR 600 Randwick City Council v Minister for the Environment [1998] FCA 1376; 54 ALD 682 S v S [1972] AC 24 Sunland Group Limited v Gold Coast City Council [2021] HCA 35 Judicial Review of Administrative Action and Government Liability (6th ed, Lawbook Co, 2017)