Fard v Minister for Immigration and Border Protection

[2013] FCAFC 126

Full Court of the Federal Court14 November 2013

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Interrogate

Catchwords

1. Administrative Law
2. › Injunctions and declarations
3. › Injunction against officer of the Commonwealth
4. › Whether cause of action established
5. › Whether Minister under legal duty to ensure accuracy of departmental records
6. › Whether court may grant injunction absent unlawful conduct
7. › Judiciary Act 1903 (Cth), s 39B(1)
1. Practice and Procedure
2. › Appeals
3. › Appeal from single judge of Federal Court
4. › Challenge to findings of fact
5. › Whether findings glaringly improbable or irreconcilable with incontrovertible facts
6. › Alleged procedural errors
7. › Alleged ostensible bias

Quick Take

There is no legal duty on a Commonwealth Minister to ensure the accuracy of information contained in departmental records, and a court cannot grant an injunction to compel correction of allegedly false departmental records absent identification of an underlying cause of action. The statutory regime under Part V of the Freedom of Information Act 1982 (Cth) provides the appropriate avenue for correction of inaccurate government records.