Cth) subss 476(1)(e), 476(2)(b) Constitution s 75(v) Judiciary Act 1903
S 476(1)(e) of the Migration Act 1958
On 8 June 2001, Gummow J made an order pursuant to s 44 of the Judiciary Act 1903
The decision of the Tribunal was not authorised by the Migration Act 1958
First, his Honour held that he was bound by a decision of the Full Court of this Court in Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 183 ALR 59 where it was held (by a majority) that s 476(2)(b) of the Migration Act 1958