DCM20 v Secretary, Department of Home Affairs [2020] FCA 1022

DCM20 v Secretary, Department of Home Affairs [2020] FCA 1022

The Assistant Director's decision not to refer the applicant’s repeat request for ministerial intervention to the Minister was not legally unreasonable. The decision was supported by the evidence, reflected an evaluative judgment within the scope of the non-statutory guidelines, and did not demonstrate irrationality or radical misconstruction of the guidelines. No error of law or jurisdictional error was established.

Parties
Applicant: DCM20; First Respondent: Secretary, Department of Home Affairs; Second Respondent: Assistant Director, Ministerial Intervention, Department of Home Affairs
Jurisdiction
Australia
Judgment Date
20 July 2020
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
Judicial Review, Ministerial Intervention, Legal Unreasonableness, Non Statutory Executive Power, Migration Act 1958 (cth), Guidelines for Ministerial Intervention
Administrative Law Migration Law Judicial Review Ministerial Intervention Legal Unreasonableness Non Statutory Executive Power Migration Act 1958 (cth) Guidelines for Ministerial Intervention

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Parties

DCM20

Applicant

Secretary, Department of Home Affairs

First Respondent

Assistant Director, Ministerial Intervention, Department of Home Affairs

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Assistant Director's decision not to refer the applicant's repeat request for ministerial intervention under s 351 of the Migration Act 1958 (Cth) was legally unreasonable and susceptible to judicial review.

Ratio Decidendi

The Assistant Director's decision not to refer the applicant’s repeat request for ministerial intervention to the Minister was not legally unreasonable. The decision was supported by the evidence, reflected an evaluative judgment within the scope of the non-statutory guidelines, and did not demonstrate irrationality or radical misconstruction of the guidelines. No error of law or jurisdictional error was established.

Court Disposition

Application dismissed with costs.

Orders

  • The application for judicial review is dismissed.
  • The applicant is to pay the first respondent's costs as agreed or assessed.