Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 7

FEDERAL COURT OF AUSTRALIA

Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 7

APPEAL – order sought as an exercise of power under s 23 of the Federal Court of Australia Act in aid of the appellate jurisdiction of the Court for delivery of reasons by Minister under par 501G(1)(e) of the Migration Act in respect of a decision under s 501 of that Act in connection with and ancillary to the appeal process.

MIGRATION – briefing paper signed by Minister not reasons under par 501G(1)(e).

Migration Act 1958 (Cth) ss 474, 477, 486A, 501, 501G(1)(e), 501(2), 501(7) Federal Court of Australia Act 1976 (Cth) ss 22 and 23 Judiciary Act 1903 (Cth) s 39B(1) Commonwealth of Australia Constitution Act ss 51(xix), 51(xxvii), 75, 76 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 referred to Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 considered Jackson v Sterling Industries Ltd (1987) 162 CLR 612 considered and discussed Ayan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 470 referred to Collins v Charles Marshall Pty Ltd (1955) 92 CLR 529 applied Abebe v Commonwealth of Australia (1999) 197 CLR 510 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Te [2002] HCA 48 applied Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 cited Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 applied Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 referred to Minister for Immigration & Multicultural & Indigenous Affairs v VFAD of 2002 [2002] FCAFC 390 referred to Tait v The Queen (1962) 108 CLR 620 referred to Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 referred to NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 referred to Ooi v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 133 referred to Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Wong [2002] FCAFC 327 considered Minister for Immigration and Multicultural Affairs v W157/00A [2002] FCAFC 281 followed Coulton v Holcombe (1986) 162 CLR 1 referred to Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 referred to P & C Cantarella v Egg Marketing Board [1973] 2 NSWLR 366 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 76 ALJR 598 applied NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 referred to