Taylor v Director Ministerial Intervention (National) [2024] FCA 1322

Federal Court of Australia

Taylor v Director Ministerial Intervention (National) [2024] FCA 1322 File number(s): VID 546 of 2023

Judgment of: MCELWAINE J

Date of judgment: 12 November 2024

Catchwords: ADMINISTRATIVE LAW- application to quash a decision not to refer an application for consideration by the Minister pursuant to s 195A of the Migration Act 1958-where applicant removed to the United Kingdom after non-referral decision was made -application for substantive relief rendered moot-whether declaratory relief should be withheld on discretionary grounds where no other purpose would be served-declaration refused-proceeding dismissed.

Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 189, 195A, 197AB, 198(2B), 501(3A)

Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Aussie Airlines Pty Ltd v Australian Airlines Ltd (1996) FCA 1580; 68 FCR 406 Clarence City Council v the Commonwealth [2020] FCAFC 8; 280 FCR 265 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; (2023) 97 ALJR 214 Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5; 276 CLR 519 Rediffusion (Hong Kong) Ltd v Attorney-General (Hong Kong) [1970] AC 1136 Taylor v Minister for Home Affairs [2022] FCA 309 Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 19 Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 144; 294 FCR 63 Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs M55/2022 [2022] HCASL 210