His Honour noted that the Federal Court can exercise jurisdiction only in such circumstances as are created by statute, in this case by the Migration Act 1958
Thank you for your letter of 19 October 2000 to the Minister for Immigration and Multicultural Affairs, the Hon Philip Ruddock MP, on behalf of Mr Siaosi Tuuhoko and his wife requesting that the Minister exercise his public interest power under section 351 of the Migration Act 1958
You requested that the Minister consider exercising a discretion under section 351 of the Migration Act 1958