Ogawa v Secretary, Department of Education, Science & Training 2005 FCA 1472

Ogawa v Secretary, Department of Education, Science & Training 2005 FCA 1472

The applicant failed to demonstrate a decision was made under the relevant enactment that was reviewable under the ADJR Act, nor that she was a person aggrieved by any such decision. Further, the arrangements for independent grievance handling/dispute resolution, including the involvement of the Victorian Ombudsman, were sufficient to satisfy the requirements of the National Code and the legislation, and there was no evidence of misleading information as alleged. Therefore, no reviewable error or ground for relief was established.

Parties
Applicant: Megumi Ogawa; First Respondent: Secretary of the Department of Education, Science and Training; Second Respondent: Minister for Education, Science and Training
Jurisdiction
Australia
Judgment Date
21 October 2005
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Education Services for Overseas Students, Ministerial and Departmental Discretion, Independent Grievance Handling/dispute Resolution, Standing Under the ADJR Act
Administrative Law Education Law Judicial Review Education Services for Overseas Students Ministerial and Departmental Discretion Independent Grievance Handling/dispute Resolution Standing Under the ADJR Act

Case Brief

Summary, issues, holding and outcome

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Parties

Megumi Ogawa

Applicant

Secretary of the Department of Education, Science and Training

First Respondent

Minister for Education, Science and Training

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the Secretary or Minister failed to exercise their discretion under the Education Services for Overseas Students Act 2000 (Cth) regarding the University's alleged breach of the National Code for Overseas Students
  2. 2 Whether the Ombudsman (Vic) constitutes an 'independent grievance handling/dispute resolution' mechanism under the National Code
  3. 3 Whether the applicant is an 'aggrieved person' and the 'decision' was 'made under enactment' to which the Administrative Decisions (Judicial Review) Act 1977 (Cth) applies

Ratio Decidendi

The applicant failed to demonstrate a decision was made under the relevant enactment that was reviewable under the ADJR Act, nor that she was a person aggrieved by any such decision. Further, the arrangements for independent grievance handling/dispute resolution, including the involvement of the Victorian Ombudsman, were sufficient to satisfy the requirements of the National Code and the legislation, and there was no evidence of misleading information as alleged. Therefore, no reviewable error or ground for relief was established.

Court Disposition

Application dismissed with costs

Orders

  • The application filed 4 October 2005 is dismissed.
  • The motions identified in the notices of motion filed on 21 September 2005 are dismissed.