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Ng v Attorney-General [2017] FCA 1392

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ADMINISTRATIVE LAW - application for judicial review of decision by delegate of Attorney-General to refuse to make order under s 19APA(1)(d) of Crimes Act 1914 (Cth) to amend terms of release on licence from prison - transfer of prisoner from China to Australia - alleged breach of natural justice (Ground A) - alleged error of law due to improper construction of ss 19AP and 19APA of Crimes Act 1914 (Cth) (Ground B) - alleged adoption of rule or policy without regard to individual merits of case (Ground C) - alleged failure to carry out statutory task (Ground D) - alleged regard to irrelevant consideration (Ground E) - whether memorandum to delegate formed part of delegate's reasons - whether letter from delegate regarding licence conditions constituted application of policy without regard to individual merits of case - held: memorandum did not constitute any part of delegate's reasons - held: no application of policy without regard to individual merits of case - held: no basis to conclude that Chinese sentence was disproportionate - held: no breach of procedural fairness - held: appeal dismissed on all grounds

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