Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v ARJ17 [2017] FCAFC 125 Appeal from: ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263
File number: NSD 515 of 2017
Judges: KENNY, FLICK AND KERR JJ
Date of judgment: 17 August 2017
Catchwords: MIGRATION – allocation of jurisdiction between Federal Court and Federal Circuit Court – jurisdiction of Federal Court to review decision retained PRACTICE AND PROCEDURE – original jurisdiction of the Federal Court under s 39B of the Judiciary Act 1903 (Cth) to review purported non-privative clause decision not excluded by s 476A of the Migration Act 1958 (Cth) ADMINISTRATIVE LAW – where purported non-privative clause decision a decision involving jurisdictional error or excess of jurisdiction – decision a nullity – jurisdiction to review not excluded
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Litigation Reform Act 2005 (Cth) Explanatory Memorandum, Migration Litigation Reform Bill 2005 (Cth)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263 Blurton v Minister for Aboriginal Affairs (1991) 29 FCR 442 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338 Commissioner of Stamps v Telegraph Investment Company Pty Ltd (1995) 184 CLR 453 Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2015] HCA 48; 257 CLR 544 Felton v Mulligan (1971) 124 CLR 367 Hooper v Kirella (1999) 96 FCR 1 Kirk v Industrial Court (NSW) [2010] HCA 1; 239 CLR 531 Kline v Official Secretary to the Governor General [2013] HCA 52; 249 CLR 645 Miller v Haweis (1907) 5 CLR 89 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 123 FCR 228 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36; 258 CLR 1 Rizeq v Western Australia [2017] HCA 23 Seventh Mingcourt Pty Ltd v Lawrence (1996) 64 FCR 367 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, (2006) 228 CLR 152
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