Habib v Minister for Foreign Affairs

[2010] FCA 890

FEDERAL COURT OF AUSTRALIA

Habib v Minister for Foreign Affairs [2010] FCA 890

Citation:	Habib v Minister for Foreign Affairs [2010] FCA 890
Parties:	MAMDOUH HABIB v MINISTER FOR FOREIGN AFFAIRS
File number(s):	NSD 936 of 2010
Judge:	EMMETT J
Date of judgment:	13 August 2010
Catchwords:	ADMINISTRATIVE LAW – application for an Australian passport – failure to determine application
Legislation:	Australian Passports Act 2005 (Cth) s 7
Date of hearing:	13 August 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	3
Counsel for the Applicant	M. Habib
Solicitor for the Respondent:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 936 of 2010

BETWEEN:	MAMDOUH HABIB Applicant
AND:	MINISTER FOR FOREIGN AFFAIRS Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	13 AUGUST 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The respondent determine, no later than 27 August 2010, application for passport dated 13 May 2010, number 17726792F.

2.The respondent pay the applicant’s costs of the application.

3.The proceeding be otherwise dismissed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 936 of 2010

BETWEEN:	MAMDOUH HABIB Applicant
AND:	MINISTER FOR FOREIGN AFFAIRS Respondent

JUDGE:	EMMETT J
DATE:	13 AUGUST 2010
PLACE:	SYDNEY

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.

Associate:
Dated:       13 August 2010