Qajar v Australian Human Rights Commission [2022] FCA 189

Qajar v Australian Human Rights Commission [2022] FCA 189

The documents sought by the notices to produce and subpoena were not relevant to the issues in the proceeding, as they had no apparent relevance to whether the Commission was satisfied there was no reasonable prospect of settlement by conciliation or to the applicant's claims of interference with liberty. As such, notices to produce were set aside, leave to issue subpoenas refused, and the interlocutory application dismissed.

Parties
Applicant: THE SOVEREIGN SOLTAN QEUMARS SHAH QAJAR; First Respondent: AUSTRALIAN HUMAN RIGHTS COMMISSION; Second Respondent: MINISTER FOR HOME AFFAIRS; Third Respondent: MINISTER FOR FOREIGN AFFAIRS
Jurisdiction
Australia
Judgment Date
07 March 2022
Procedural Posture
Interlocutory Application / Interlocutory Orders—notice to Produce and Subpoena
Outcome
Application dismissed; notices to produce set aside; leave to issue subpoenas refused
Legal Topics
Notice to Produce, Subpoenas, Relevance of Evidence, Application Dismissal
Human Rights Administrative Law Notice to Produce Subpoenas Relevance of Evidence Application Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

THE SOVEREIGN SOLTAN QEUMARS SHAH QAJAR

Applicant

AUSTRALIAN HUMAN RIGHTS COMMISSION

First Respondent

MINISTER FOR HOME AFFAIRS

Second Respondent

MINISTER FOR FOREIGN AFFAIRS

Third Respondent

Procedural Posture

Interlocutory Application / Interlocutory Orders—notice to Produce and Subpoena

Legal Issues

  1. 1 Whether the documents sought by notice to produce and subpoena were relevant to the issues in the proceeding
  2. 2 Whether leave should be granted to issue a subpoena where a notice to produce has already been served for identical documents
  3. 3 Whether the notice to produce should be set aside for lack of relevance

Ratio Decidendi

The documents sought by the notices to produce and subpoena were not relevant to the issues in the proceeding, as they had no apparent relevance to whether the Commission was satisfied there was no reasonable prospect of settlement by conciliation or to the applicant's claims of interference with liberty. As such, notices to produce were set aside, leave to issue subpoenas refused, and the interlocutory application dismissed.

Court Disposition

Application dismissed; notices to produce set aside; leave to issue subpoenas refused

Orders

  • Leave to issue the subpoenas lodged on 2 March 2022 is refused.
  • The Notices to Produce delivered by the applicant to the second and third respondents be set aside.