Alexander Abramov v Minister for Foreign Affairs (No 2) [2023] FCA 1099

Federal Court of Australia

Alexander Abramov v Minister for Foreign Affairs (No 2) [2023] FCA 1099 File number(s): VID 335 of 2022

Judgment of: KENNY J

Date of judgment: 15 September 2023

Catchwords: JUDICIAL REVIEW – judicial review of Instruments made by the Minister designating and declaring the applicant pursuant to item 6A(a) of reg 6 of the Autonomous Sanctions Regulations 2011 (Cth) (Regulations) – where item 6A(a) of the Regulations required the Minister to be satisfied that the applicant "is, or has been, engaging in an activity or performing a function that is of economic or strategic significance to Russia" – proper construction of the Regulations – whether item 6A(a) of reg 6 requires a "clear and substantial nexus" – whether Instruments challenged are legislative or administrative in character – whether Minister's public statements constituted her reasons or findings – whether the Minister constructively failed to exercise jurisdiction in failing to understand the discretionary nature of the power – whether the Minister's state of satisfaction was reasonably formed on the material before her – whether the Minister acted on an error of fact resulting in the failure to perform the task required under item 6A(a) of reg 6 – whether the Minister denied the applicant procedural fairness in designating and declaring him without notice – whether the Autonomous Sanctions Act 2010 (Cth) and the Regulations exclude procedural fairness JUDICIAL REVIEW – where the applicant made an application for revocation under reg 10 of the Regulations – where the Minister revoked the first Instrument of designation and declaration and immediately made a further Instrument re-designating and re-declaring the applicant – whether the Regulations permitted the Minister to re-designate and re-declare the applicant – whether the Minister departed from procedural representation to provide the applicant with an opportunity to comment on material by not disclosing a Departmental submission – whether Minister erred in not having applicant's statutory declaration physically before her