Federal Court of Australia
Federal Court of Australia
Keliher v Attorney-General of the Commonwealth of Australia [2021] FCA 1641 Review of: Decision of the Attorney-General of the Commonwealth of Australia
File number: QUD 307 of 2021
Judgment of: RANGIAH J
Date of judgment: 16 December 2021
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Attorney-General to refuse the applicant parole – whether Attorney-General failed to consider submission that applicant's release on parole would aid his rehabilitation and reduce his risk to the community – whether failure to consider submission that there was nothing further the applicant could do in custody to advance his rehabilitation or reduce his risk to the community – whether failure to give proper or adequate reasons for decision – whether decision legally unreasonable – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) Crimes Act 1914 (Cth) ss 19AB, 19AKA, 19AL, 19ALA Criminal Code Act 1995 (Cth) s 474.24A Migration Act 1958 (Cth) s 430
Cases cited: Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 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 Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515 Khazaal v Attorney-General [2020] FCA 448 Leggett v Queensland Parole Board [2012] QSC 121 Lodhi v Attorney-General (Cth) [2020] FCA 1383 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Home Affairs v Omar (2019) 272 FCR 589 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Pulini v Assistant Minister to the Attorney-General of the Commonwealth of Australia [2021] FCA 1543 Re The Australian Bank Employees Union; Ex Parte Citicorp Australia Limited (1989) 167 CLR 513 Rodriguez v Telstra Corporation Ltd [2002] FCA 30; (2002) 66 ALD 579 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate