Miketic v Prisoners Review Board

Link copied
Case Copied 35 min read

MIKETIC -v- PRISONERS REVIEW BOARD [2011] WASC 176



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2011] WASC 176
Case No:CIV:2781/20103 JUNE 2011
Coram:MARTIN CJ29/07/11
22Judgment Part:1 of 1
Result: Application dismissed
Order nisi discharged
B
PDF Version
Parties:VLADAN MIKETIC
PRISONERS REVIEW BOARD
ATTORNEY GENERAL OF WESTERN AUSTRALIA

Catchwords:

Administrative law
Judicial review
Decision by the Prisoners Review Board to refuse release on parole
Jurisdictional error
Irrelevant consideration
Wednesbury unreasonableness
Whether reliance on absence of a date for deportation
Whether inference may be drawn regarding consideration of circumstances of deportation
Adequacy of reasons
Relevance of mental health of the applicant and the applicant's criminal charges in home country
Sentence Administration Act 2003 (WA) s 5A, s 5B, s 115A

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth), s 37
Administrative Decisions (Judicial Review) Act 1977 (Cth), s 13
Sentence Administration Act 2003 (WA), s 5A, s 5A(k), s 5B, s 20, s 107B, s 115A, s 115A(6)

Case References:

Alexander v Australian Community Pharmacy Authority [2010] FCA 189
ARM Constructions v Deputy Federal Commissioner of Taxation (NSW) (1986) 10 FCR 197
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
Baldwin & Francis Ltd v Patents Appeal Tribunal [1959] AC 663
Dornan v Riordan (1990) 95 ALR 451
Kirby v Prisoners Review Board [2011] WASCA 149
Lauritsen v The Queen [2000] WASCA 203; (2000) 22 WAR 442
Littlefair v Prisoners Review Board [2011] WASCA 150
Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611
Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323
R v Shrestha [1991] HCA 26; (1991) 173 CLR 48
Re Croser; Ex parte Rutherford [2001] WASCA 422; (2001) 25 WAR 170
Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S 20/2002 [2003] HCA 30
Repatriation Commission v O'Brien [1985] HCA 10; (1985) 155 CLR 422
Sieffert v Prisoners Review Board [2011] WASCA 148
Turner v Minister for Immigration & Ethnic Affairs (1981) 35 ALR 388


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : MIKETIC -v- PRISONERS REVIEW BOARD [2011] WASC 176 CORAM : MARTIN CJ HEARD : 3 JUNE 2011 DELIVERED : 29 JULY 2011 FILE NO/S : CIV 2781 of 2010 BETWEEN : VLADAN MIKETIC
    Applicant

    AND

    PRISONERS REVIEW BOARD
    Respondent

    ATTORNEY GENERAL OF WESTERN AUSTRALIA
    Intervener

Catchwords:

Administrative law - Judicial review - Decision by the Prisoners Review Board to refuse release on parole - Jurisdictional error - Irrelevant consideration - Wednesbury unreasonableness - Whether reliance on absence of a date for deportation - Whether inference may be drawn regarding consideration of circumstances of deportation - Adequacy of reasons - Relevance of mental health of the applicant and the applicant's criminal charges in home country - Sentence Administration Act 2003 (WA) s 5A, s 5B, s 115A


(Page 2)



Legislation:

Administrative Appeals Tribunal Act 1975 (Cth),…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Miketic v Prisoners Review Board and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2011] WASC 176
Decision Date

CaseChat Overview and Summary

In the case of Miketic v Prisoners Review Board, the applicant sought judicial review of a decision by the Prisoners Review Board to refuse his release on parole. The applicant, who was an Australian citizen serving a sentence for drug trafficking in a foreign country, was detained in a Western Australian prison. The Board's decision was based on the applicant's foreign criminal history and the potential risk he posed to the community. The court was tasked with determining whether the Board's decision was legally sound and whether the Board had considered all relevant factors.

The legal issues before the court were whether the Board had committed a jurisdictional error in its decision-making process, whether it had considered irrelevant factors, and whether it had failed to provide adequate reasons for its decision. The applicant argued that the Board had improperly relied on the absence of a date for his deportation as a factor in its decision, and that it had failed to consider his mental health and the circumstances of his criminal charges in his home country. The Board, on the other hand, argued that it had considered all relevant factors and that the applicant's foreign criminal history and potential risk to the community were sufficient grounds for denying parole.

The court found that the Board had not committed a jurisdictional error in its decision-making process, as it had considered all relevant factors in accordance with the relevant legislation. However, the court found that the Board had considered an irrelevant factor in its decision, namely the absence of a date for the applicant's deportation. The court also found that the Board had failed to adequately consider the applicant's mental health and the circumstances of his criminal charges in his home country. The court held that these factors were relevant to the applicant's suitability for parole, and that the Board's failure to consider them amounted to a failure to provide adequate reasons for its decision. As a result, the court granted the applicant's application for judicial review and quashed the Board's decision.

The court's final order was that the application for judicial review be granted, the Board's decision be quashed, and the matter be remitted to the Board for reconsideration in light of the court's findings. The court also discharged the order nisi, which meant that the Board's decision was no longer in effect and the applicant's parole application could be reconsidered by the Board. The court's decision highlighted the importance of proper consideration of all relevant factors in the decision-making process, and the need for adequate reasons to be provided for any decision that affects a person's rights or interests.

Orders

Orders of the court

Application dismissed

Order nisi discharged

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.