Dr. Jason Donnelly Biography
Academic and Professional Qualifications
- Bachelor of Arts (Macquarie University) (2003-2005)
- Bachelor of Laws (Honours Class 1) (University of Western Sydney) (2006-2008)
- University Medal in Bachelor of Laws Degree (top graduating student) (2009)
- Graduate Diploma of Legal Practice (College of Law) (2009)
- Barrister Examinations and Barrister Course (New South Wales Bar Association) (2011)
- Doctor of Philosophy, ‘Use of a National Interest Criterion in Commonwealth Legislation – Suggested Reforms for Greater Accountability in Executive Decision-Making’ (University of New South Wales) (2015-2018)
Experience Working in the Law
- Adjunct Lecturer (New South Wales College of Law) (2014-2018)
- Barrister (May 2011-)
- Casual University Lecturer (2009-2015) (University of Western Sydney, School of Law)
- Co-Author & Editor, Federal Administrative Law, Thomson Reuters Australia (2020-)
- Consultant at LexisNexis (2008-2009)
- Course Convenor and Founding Author of Graduate Diploma in Australian Migration Law (Western Sydney University) (2016-)
- Researcher to the Honourable Michael Kirby AC CMG, former Justice of the High Court of Australia (November 2009-March 2010)
- Senior University Lecturer (Western Sydney University, School of Law) (2016-)
- Tipstaff to the Honourable Justice Peter McClellan AM QC, Chief Judge at Common Law, Supreme Court of New South Wales (2010)
Alumni & Professional Associations
- College of Law Alumnus
- Macquarie University Alumnus
- New South Wales Bar Association Member
- New South Wales University Alumnus
- Western Sydney University Alumnus
Selected Cases
Parliamentary and Statutory Inquiries
- Parliament of the Commonwealth of Australia, The Senate, Legal and Constitutional Affairs Legislation Committee, Report on the Migration Amendment (Strengthening the Character Test) Bill 2019 [Provisions], September 2019 (cited extensively)
- Jason Donnelly, Legal and Constitutional Affairs Legislation Committee, Parliament of the Commonwealth of Australia, The Senate, 19 August 2019
- Jason Donnelly and Anna Cody, Migration Amendment (Strengthening the Character Test) Bill 2019, Legal and Constitutional Affairs Legislation Committee, Commonwealth Parliament of Australia, 6 August 2019
- Parliament of the Commonwealth of Australia, Report on the Statutory Review of the Tribunals Amalgamation Act 2015, The Hon. I.D.F. Callinan AC, 19 December 2018 (tabled before Parliament of the Commonwealth of Australia on 23 July 2019) (cited several times)
- Parliament of the Commonwealth of Australia, The Report of the Inquiry into Review Processes Associated with Visa Cancellations made on Criminal Grounds, Joint Standing Committee on Migration, February 2019, 1-126 (cited extensively)
- Jason Donnelly, Statutory Review of the Amalgamation of The Administrative Appeals Tribunal, Attorney-General’s Department, 23 August 2018, pp. 1-21
- Jason Donnelly, Joint Standing Committee on Migration, Commonwealth of Australia, Sydney, 16 July 2018, pp. 27-32
- Jason Donnelly, Review processes associated with visa cancellations made on criminal grounds, Joint Standing Committee on Migration, Commonwealth Parliament of Australia, 26 April 2018, pp. 1-27
Citizenship, Immigration and Migration Law
- XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138
- QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 166
- Kasun Gayathra Wickramakarulu Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 3146
- PYDZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1050
- AZF21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2008
- LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039
- Abdul Aziz Al Jourani v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1908336
- CPJ16 v Minister for Home Affairs [2021] HCASL 149
- Renton v Minister for Home Affairs [2021] FCA 931
- Immigration detention following visa refusal or cancellation under section 501 of Migration Act [2021] AusHRC 141
- VGJG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 537
- EGH19 v Minister for Home Affairs (No 2) [2021] FCA 903
- QHRY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 827
- Chiagozie and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 2380
- McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 812
- Chamoun v Commonwealth of Australia [2021] FCA 740
- Lyrick Adrian Bristowe v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2021] FCA 875
- Sarimsaklio and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1622
- XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 939
- Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCATrans 46
- Minister for Immigration and Border Protection v Makasa [2021] HCA 1
- CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1842
- Khieopan and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4860
- Shrestha and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4511
- ENT19 v Minister for Home Affairs [2020] FCCA 2653
- WQWS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4254
- Singh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4147
- MKNT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4089
- CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1441
- Katherine Anne Victoria Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3527
- Alexander Osorio Ospina v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3529
- Langiila Uasi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 0216
- Joshua Steven Clegg v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3383
- HYMC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 2879
- Deha Kelekci v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1000
- Langiila Uasi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor (unreported, Full Court of the Federal Court of Australia, Rares, Kerr and Perry JJ, NSD62/2020)
- Paul Anthony Tapara v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (unreported, Lee J, Federal Court of Australia, NSD289/2020)
- FYBR v Minister for Home Affairs & Anor [2020] HCATrans 56
- Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2020] FCA 394
- Makasa v Minister for Immigration and Border Protection [2020] FCAFC 22
- BNGP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 8689
- FRVT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 294
- Vardana Ashweeni Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 237
- Viane v Minister for Home Affairs [2020] FCA 152
- BHC16 v Minister for Immigration and Border Protection & Anor (unreported, Federal Court of Australia, Stewart J, NSD1489/2018)
- MJTF v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 8433
- FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990
- Mukiza and Minister for Home Affairs (Migration) [2019] AATA 4445
- FYBR v Minister for Home Affairs [2019] FCAFC 185
- Tran v Minister for Immigration and Border Protection [2019] AATA 2338
- Lee v Minister for Home Affairs [2019] AATA 871
- DKXY v Minister for Home Affairs [2019] FCA 495
- Sun v Minister for Home Affairs [2019] AATA 7617
- Z v Minister for Home Affairs [2019] AATA 6686
- Sam v Minister for Home Affairs [2019] AATA 35
- Ali v Minister for Home Affairs [2018] FCA 1895
- Makasa v Minister for Immigration and Border Protection [2018] FCA 1639
- Viane v Minister for Immigration and Border Protection (No 2) [2018] FCAFC 175
- DKXY v Minister for Home Affairs [2018] AATA 4147
- The Trustee for the Fuzzy Events Unit Trust v Minister for Home Affairs [2018] AATA 3273
- Viane v Minister for Immigration and Border Protection [2018] FCAFC 116
- ZCNR v Minister for Home Affairs [2018] AATA 2511
- Viane v Minister for Immigration and Border Protection [2018] FCA 3
- Mirjana Caric v Minister for Immigration and Border Protection [2017] FCA 1391
- Minister for Immigration and Border Protection v Trang Tran [2015] FCA 546
- Te Puke v Minister for Immigration and Border Protection [2015] FCA 398
- Trang Tran v Minister of Immigration and Border Protection [2014] AATA 957
- SZRTN v Minister for Immigration and Border Protection [2014] FCA 303
- Confidential v Minister for Immigration and Border Protection [2013] AATA 818
- Mua v Minister for Immigration and Citizenship [2013] AATA 628
Contract Law, Employment Law and Equity
- Amanda Romeo v Tigerlily Aust Pty Ltd Trading As Tigerlily (unreported, Local Court of New South Wales, Magistrate Thomas, 2 July 2021)
- Georges Apparel Pty Ltd v Giardina [2017] NSWSC 290
- Fairbairn v Indopac Holdings Limited (General) [2013] NSWCTTT 307
Criminal Law
Personal Injury
Statutory Interpretation and Public Law
- Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL (costs) [2021] FCAFC 75
- New South Wales Labor Party v Julia Finn [2020] Australian Labor Party (NSW Branch) Internal Appeals Tribunal
- Nathan Alexander v George Barcha [2015] Australian Labor Party (NSW Branch) Review Tribunal
- Eshaq v Roads and Maritime Services [2014] NSWCATOD 66
- Director of Public Prosecutions v Priestley [2014] NSWCA 25
- Director of Public Prosecutions v Priestley [2013] NSWSC 407
- Patsalis v State of New South Wales (2012) 81 NSWLR 742