Federal Court of Australia
Federal Court of Australia
Masri v Attorney-General (Cth) [2022] FCA 17 File number: NSD 669 of 2021
Judgment of: BROMWICH J
Date of judgment: 21 January 2022
Catchwords: ADMINISTRATIVE LAW – application for judicial review of Commonwealth Attorney-General's delegate's decision to refuse to grant parole – whether the delegate denied the applicant procedural fairness, failed to respond to or give genuine consideration to the applicant's representations, was legally unreasonable or irrational or made a finding that was not open on the material before her – held: application dismissed.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(a) Crimes Act 1914 (Cth) pt IB div 5 subdiv A, ss 19AKA, 19AL, 19ALA Criminal Code (Cth), contained in the Schedule to the Criminal Code Act 1995 (Cth), ss 11.1(1), 307.5(1) Judiciary Act 1903 (Cth) s 39B
Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Khazaal v Attorney-General [2020] FCA 448 Kioa v West (1985) 159 CLR 550 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 49
Date of hearing: 28 September 2021
Counsel for the Applicant: D Hughes
Solicitor for the Applicant: One Group Legal
Counsel for the Respondent: T Glover
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