Minister for Home Affairs v CSH18 [2019] FCAFC 80

FEDERAL COURT OF AUSTRALIA

Minister for Home Affairs v CSH18 [2019] FCAFC 80 Appeal from: CSH18 & Anor v Minister for Home Affairs & Anor [2018] FCCA 3226 Minister for Home Affairs v Administrative Appeals Tribunal & Ors [2018] FCCA 3229

File numbers: NSD 2277 of 2018 NSD 2278 of 2018

Judges: JAGOT, ROBERTSON AND STEWART JJ

Date of judgment: 28 May 2019

Catchwords: MIGRATION – appeals from orders of the Federal Circuit Court of Australia – whether the statutory expression in s 415(1) of the Migration Act 1958 (Cth) conferring on the Administrative Appeals Tribunal "all the powers and discretions that are conferred by this Act on the person who made the decision" applied to confer those powers and discretions on the Tribunal where the person who made the decision was not validly made a delegate of the Minister

Legislation: Acts Interpretation Act 1901 (Cth) ss 33AB, 34AB Migration Act 1958 (Cth) ss 109, 411, 414, 415, 476

Cases cited: Carltona Ltd v Commissioners of Works [1943] 2 All ER 560 Chatib v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 92 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd [1979] FCA 37; 41 FLR 338; 24 ALR 307 Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Commissioner of Taxation [2005] FCAFC 244; 148 FCR 427 Kim v Minister for immigration and Citizenship [2008] FCAFC 73; 167 FCR 578 Owendale Pty Ltd v Anthony [1967] HCA 20; 117 CLR 539 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600 Secretary, Department of Social Security v Alvaro [1994] FCA 320; 50 FCR 213 Sevim v Minister for Immigration and Multicultural Affairs [2001] FCA 1597; 114 FCR 126 Seymour v Migration Agents Registration Authority [2006] FCA 965; 215 FCR 168 SZGME v Minister for Immigration and Citizenship [2008] FCAFC 91; 168 FCR 487 Pearce D, Interpretation Acts in Australia (LexisNexis Butterworths, 2018) [7.66]