Federal Court of Australia
Federal Court of Australia
Stiller v Attorney-General [2024] FCA 1049 Review of: Decision made by Delegate of the Attorney-General of Australia dated 20 March 2024
File number: QUD 199 of 2024
Judgment of: RANGIAH J
Date of judgment: 11 September 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision by delegate of Attorney-General to refuse the applicant's release on parole – whether delegate failed to afford procedural fairness by not providing the applicant with an opportunity to address the deficiencies in his evidence – whether delegate's finding that applicant was not willing and able to comply with parole conditions was unreasonable – whether delegate's decision to refuse the applicant's release on parole was unreasonable, having regard to the remaining term of his sentence – no error – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Crimes Act 1914 (Cth) ss 16BA, 19AKA, 19AL, 19AL(2), 19AL(2)(a) and 19ALA Criminal Code Act 1995 (Cth) s 474.22
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 EXT20 v Minister for Home Affairs (2022) 291 FCR 55; [2022] FCAFC 72 Khazaal v Attorney-General [2020] FCA 448 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546 Roberts v Attorney-General (Cth) (2022) 176 ALD 509; [2022] FCA 574 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152
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