Ogawa v Finance Minister [2021] FCA 1666

Federal Court of Australia

Ogawa v Finance Minister [2021] FCA 1666 File number: QUD 204 of 2021

Judgment of: LOGAN J

Date of judgment: 13 December 2021

Catchwords: ADMINISTRATIVE LAW – application for judicial review of Minister's delegate's refusal to waive the applicant's indebtedness to the Commonwealth – where applicant had previously made a similar application for waiver – where application to Minister was an application for reconsideration supported by a number of letters from Australian public expressing support for the applicant – whether Minister's delegate erred in not making reference to the additional information constituted by those letters – where reasons of Minister's delegate addressed the claim as made – whether the delegate erred in not considering claims made by the applicant in Federal Court proceedings concerning the previous application – where applicant did not submit this to the delegate – where delegate part of administrative continuum – where delegate entitled to proceed on basis that earlier decision was lawful – application dismissed

Legislation: Public Governance, Performance and Accountability Act 2013 (Cth) s 63

Cases cited: AAL19 v Minister for Home Affairs (2020) 277 FCR 393 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 Jebb v Repatriation Commission (1998) 8 AAR 285 Ogawa v Finance Minister [2020] FCA 829 Ogawa v Finance Minister [2021] FCAFC 17 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Re Easton and Repatriation Commission (1987) 6 AAR 558 Shi v Migration Agents Registration Authority (2008) 235 CLR 286