Hui v Minister for Immigration & Multicultural Affairs [1999] FCA 1450

FEDERAL COURT OF AUSTRALIA

Hui v Minister for Immigration & Multicultural Affairs [1999] FCA 1450

ADMINISTRATIVE LAW – migration – objection to competency – no point of principle

Migration Act 1958 (Cth), ss 200, 253, 254

Federal Court of Australia Act 1976 (Cth), ss 19, 22 and 23

Minister for Immigration, Local Government and Ethnic Affairs v Misilanga (1992) 34 FCR 169 referred to

Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied

HUI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 399 of 1999

CARR J

3 SEPTEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 399 of 1999

BETWEEN: LOKENI HUI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 3 SEPTEMBER 1999

PLACE: PERTH

EX TEMPORE REASONS FOR JUDGMENT

Introduction 1 This is an application for an order of review of a decision made by the respondent. The originating application, filed by the applicant on 6 May 1999, appears not to have been drafted by a lawyer. That document does not expressly identify the decision under challenge. However, it would appear that the relevant decision was one made by the respondent on 16 October 1998, pursuant to s 253 of the Migration Act 1958 (Cth) ("the Act") concerning the detention of the applicant in custody. The respondent's decision was that the applicant not be transferred to the Immigration Detention Centre, but remain in immigration detention in a New South Wales Department of Corrective Services gaol pending an appeal by the applicant to the Administrative Appeals Tribunal against a deportation order served on him on 8 October 1998. In his application, the applicant identified the decision in respect of which review was sought as being: "Bail pending review of decision by Administrative Appeals Tribunal be refused. NB. Federal Court refused bail in December 1998."