Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167

Federal Court of Australia

Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167 Application for judicial review from: Tapiki and Minister for Immigration, Citizenship and Multicultural Affairs [2021] AATA 1228

File number: WAD 65 of 2023

Judgment of: KATZMANN, SARAH C DERRINGTON AND KENNETT JJ

Date of judgment: 19 October 2023

Catchwords: MIGRATION – Application for writ of habeas corpus and declaration that item 4 of Sch 1 to Migration Amendment (Aggregate Sentences) Act 2023 (Cth) (Amending Act) is invalid – where previous Full Court judgment held cancellation of applicant's visa invalid as applicant's aggregate sentence of 12 months' imprisonment not within scope of s 501(7)(c) of Migration Act 1958 (Cth) (Act) – where Act subsequently amended by Amending Act with retrospective effect to treat aggregate sentence as equivalent to sentence for single offence for purposes of s 501(7)(c) CONSTITUTIONAL LAW – Whether impugned provisions of Amending Act constitute usurpation of, or interference with, Commonwealth judicial power – whether Amending Act impermissibly purports to "reverse" Full Court judgment – whether Amending Act has effect of withdrawing or fettering entrenched jurisdiction of High Court under s 75(iii) and (v) of Constitution CONSTITUTIONAL LAW – Whether Amending Act extinguishes a cause of action for false imprisonment such that it effects an acquisition of property other than on just terms contrary to s 51(xxxi) of Constitution – where s 3B of Act creates right to receive compensation where "this Act" would otherwise not be valid as a result of an acquisition of property – whether acquisition of property resulting from Amending Act "results" from "this Act"