Federal Court of Australia
Federal Court of Australia
Dobie v Minister for Finance [2022] FCA 528 Review of: Decision of Minister for Finance made on 24 March 2021
File number: QUD 126 of 2021
Judgment of: RANGIAH J
Date of judgment: 11 May 2022
Catchwords: HUMAN RIGHTS - Application for judicial review of decision to refuse to authorise act of grace payment pursuant to s 65(1) of the Public Governance, Performance and Accountability Act 2013 (Cth) – whether delegate erred in applying s 65(1) or engaged in unreasonable, irrational or illogical reasoning – whether delegate erred by failing to properly consider applicant's human rights – whether delegate erred by failing to properly consider whether applicant had been subject of miscarriage of justice – where delegate found no special circumstances existed to make act of grace payment appropriate – where no legal error identified – application dismissed.
Legislation: Criminal Code (Cth) s 134.2 Financial Management and Accountability Act 1997 (Cth) s 33 Public Governance, Performance and Accountability Act 2013 (Cth) s 65
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Quintano v Minister for Finance and Deregulation [2014] FCA 531 R v Dobie [2016] QCA 260 Tomson v Minister for Finance and Deregulation (2013) 136 ALD 610; [2013] FCA 664 Toomer v Slipper [2001] FCA 981
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