Habib v Minister for Foreign Affairs
[2010] FCA 890
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2010-08-13
Before
Emmett J
Catchwords
- ADMINISTRATIVE LAW - application for an Australian passport - failure to determine application
Source
Original judgment source is linked above.
Catchwords
Judgment (1 paragraphs)
REASONS FOR JUDGMENT 1 The applicant has commenced a proceeding seeking review of the conduct of the respondent, the Minister for Foreign Affairs. The applicant has applied for an Australian passport to which he claims to be entitled as an Australian citizen under s 7 of the Australian Passports Act 2005 (Cth). The Minister has failed to determine the application. The applicant claims that that failure is unreasonable. 2 The Minister has elected not to file any evidence in support of any contention that a decision cannot be made forthwith on the question of whether or not to issue a passport to the applicant. The Minister has also indicated that he will consent to an order requiring a decision to be made in respect of the present application within 14 days. 3 In the circumstances, it is appropriate to make such an order. If the Minister, for whatever reason, fails to comply with the order, then the applicant will have such remedies available to him as the law confers in respect of a failure to comply with an order of the Court. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.
Parties
Habib
Minister for Foreign Affairs