QJMV v Minister for Home Affairs [2021] FCA 255

QJMV v Minister for Home Affairs [2021] FCA 255

The application for leave to appeal failed because the originating application provided more than a 'bare assertion' and identified both evidence and inferences supporting the need for interrogatories. There was not sufficient doubt about the primary judge's discretionary order to warrant reconsideration, and no substantial injustice would accrue if leave were refused.

Parties
Applicant: QJMV; First Respondent: Minister for Home Affairs; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Interrogatories, Personal Exercise of Power, Judicial Review, Migration Act, Case Management Orders
Administrative Law Practice and Procedure Interrogatories Personal Exercise of Power Judicial Review Migration Act Case Management Orders

Case Brief

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Parties

QJMV

Applicant

Minister for Home Affairs

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether the primary judge's order for interrogatories was attended with sufficient doubt to warrant reconsideration by the Full Court
  2. 2 Whether interrogatories were made on the basis of 'bare assertion' where the Minister exercised personal powers under the Migration Act 1958 (Cth)
  3. 3 Whether substantial injustice would result if leave were refused

Ratio Decidendi

The application for leave to appeal failed because the originating application provided more than a 'bare assertion' and identified both evidence and inferences supporting the need for interrogatories. There was not sufficient doubt about the primary judge's discretionary order to warrant reconsideration, and no substantial injustice would accrue if leave were refused.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The Minister for Home Affairs pay QJMV's costs of the application for leave to appeal as agreed or taxed.