Abramov v Minister for Foreign Affairs (No 3) [2023] FCA 1340

Abramov v Minister for Foreign Affairs (No 3) [2023] FCA 1340

The Court granted the declaration that the impugned instrument is void and of no effect because the First Designation Instrument was effective for a period and its invalidity may have foreseeable consequences for rights affected in that period. This utility overcame concerns about the appropriateness of declaratory relief.

Parties
Applicant: Alexander Abramov; Respondent: Minister for Foreign Affairs
Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Judicial Review / Post Trial Judgment and Final Orders
Outcome
Declaration granted; Amended Originating Application otherwise dismissed; no order as to costs.
Legal Topics
Declaratory Relief, Jurisdictional Error, Sanctions, Standing, Consequences of Declaration
Administrative Law Declaratory Relief Jurisdictional Error Sanctions Standing Consequences of Declaration

Case Brief

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Parties

Alexander Abramov

Applicant

Minister for Foreign Affairs

Respondent

Procedural Posture

Judicial Review / Post Trial Judgment and Final Orders

Legal Issues

  1. 1 Whether the applicant is entitled to declaratory relief regarding a revoked instrument affected by jurisdictional error.

Ratio Decidendi

The Court granted the declaration that the impugned instrument is void and of no effect because the First Designation Instrument was effective for a period and its invalidity may have foreseeable consequences for rights affected in that period. This utility overcame concerns about the appropriateness of declaratory relief.

Court Disposition

Declaration granted; Amended Originating Application otherwise dismissed; no order as to costs.

Orders

  • Item 103 of s 2 of Schedule 1 to the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No 11) Instrument 2022 (Cth) is void and of no effect.
  • The Amended Originating Application is otherwise dismissed.