Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTVU v Minister for Home Affairs [2019] FCAFC 30 Appeal from: SZTVU v Minister for Home Affairs [2018] FCCA 1962
File number: NSD 1368 of 2018
Judges: PERRY, DERRINGTON AND WHEELAHAN JJ
Date of judgment: 22 February 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether primary judge applied appropriate standard in deciding summarily to dismiss the appellant's application – whether the appellant was a "fast track applicant" within the meaning of s 5(1AA)(b) of the Migration Act 1958 (Cth) by reason of specification in a legislative instrument – whether the appellant was specified in a legislative instrument – whether the Minister had the power to specify any "person" as a "fast track applicant" for the purposes of the Act – leave refused for the appellant to file proposed amended notice of appeal – appeal dismissed PRACTICE AND PROCEDURE – observations as to the circumstances in which it is appropriate to use the show cause procedure under rule 44.12 of the Federal Circuit Court Rules 2001 (Cth)
Legislation: Federal Circuit Court of Australia Act 1999 (Cth), s 17A Federal Court of Australia Act 1976 (Cth) s 31A High Court Procedure Act 1903 (Cth) Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) Legislation Act 2003 (Cth), s 15J(2)(f) Migration Act 1958 (Cth) s 5(1), s 5(1AA), s 48A, s 48B, s 189, s 257A, s 336E, s 336FD, s 411, s 473CA, s 473DD Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Litigation Reform Act 2005 (Cth) Parliamentary Privileges Act 1987 (Cth) s 16(3)(c) Federal Circuit Court Rules 2001 (Cth) r 1.06, r 44.12, r 44.13 Federal Magistrates Court Rules 2005 (Cth) Federal Magistrates Court Amendment Rules 2005 (No. 1) (Cth) High Court Amendment (Constitutional Writs and Other Matters) Rules 2018 (Cth) High Court Rules 2004 (Cth) r 25.03, r 25.04 High Court Rules 1952 (Cth) Order 55(1) and (2) Migration (IMMI 17/015: Person who is a Fast Track Applicant) Instrument 2017 (Cth) Bennion on Statutory Interpretation (7th ed (2017) LexisNexis Butterworths Jenks, E, "The Prerogative Writs in English Law" (1923) 32 Yale Law Journal 523 Holdsworth W, A History of English Law (Sweet and Maxwell, 1964) vol XIV, 245-247
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