SZ v Minister for Immigration & Multicultural Affairs [2000] FCA 836

FEDERAL COURT OF AUSTRALIA

SZ v Minister for Immigration & Multicultural Affairs [2000] FCA 836

MIGRATION – Migration Act 1958 (Cth) – whether paragraph 65(1)(b) invalid as conferring judicial power contrary to Chapter III of Constitution – whether paragraph 415(2)(a), as applies to decision to refuse to grant protection visa, invalid as conferring judicial power contrary to Chapter III of Constitution – whether Migration Act gives refugee right to enter or remain in Australia – nature of regulation of entry of non-citizens – whether Refugees Convention incorporated into municipal law – need for satisfaction of Minister – whether interpretation of laws and instruments exclusively judicial function – whether Refugee Review Tribunal exercises judicial power of Commonwealth

Migration Act 1958 (Cth)

T v Immigration Officer [1996] AC 742, referred to Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178, cited Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1, cited Reg v Kirby; ex parte Boilermakers' Society of Australia (1956) 94 CLR 254, cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273, followed Minister for Foreign Affairs and Trade v Magno (1992) 37 FCR 298, cited Attorney-General (Cth) v Breckler (1999) 163 ALR 576, cited Re Cram; Ex parte Newcastle Wallsend Coal Co Pty Ltd (1987) 163 CLR 140, followed Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia (1987) 163 CLR 656, followed N44 v Minister for Immigration and Multicultural Affairs [1999] FCA 1127, cited Marshood v Minister for Immigration and Multicultural Affairs [1999] FCA 1415, cited Li v Minister for Immigration and Multicultural Affairs [2000] FCA 19, cited Lu v Minister for Immigration and Multicultural Affairs [2000] FCA 40, cited Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 485, cited