Ghasemi v NSW Department of Corrective Services [2019] NSWSC 207

Supreme Court New South Wales

Medium Neutral Citation: Ghasemi v NSW Department of Corrective Services [2019] NSWSC 207 Hearing dates: 27 February 2019 Decision date: 05 March 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the summons.

(2) Make no order as to costs. Catchwords: ADMINISTRATIVE LAW – alleged error of law and jurisdictional error – Commissioner's decision not to vary the plaintiff's prison classification – relevance of his immigration status – powers and functions of Serious Offenders Review Council – allegations including bias and that decision was ultra vires – no ground for relief made out Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 2A, 3, 6, 195, 196, 197, 271, Pt 9 Crimes (Administration of Sentences) Regulation 2014, rr 11, 12, 19, 311, Div 1 International Transfer of Prisoners (New South Wales) Act 1997 (NSW) Migration Act 1958 (Cth), ss 13, 14, 198, 501, Div 9 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Carr v Western Australia (2007) 232 CLR 138; [2007] HCA 47 Castlemaine Tooheys Ltd v South Australia (1990) 169 CLR 436; [1990] HCA 1 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Davison v Commissioner for Corrective Services [2011] NSWSC 699 Drake v Minister for Immigration (1979) 24 ALR 577 Green v Daniels (1977) 51 ALJR 463 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Minister for Immigration v Li (2013) 249 CLR 332; [2013] HCA 18 Category: Principal judgment Parties: Behrooz Ghasemi (Plaintiff) NSW Department of Corrective Services (First Defendant) Serious Offender Review Council (SORC) (Second Defendant) Representation: Counsel: Plaintiff (In person) J Emmett (First Defendant)