Le Tran Thuy v Cain [2000] FCA 898

FEDERAL COURT OF AUSTRALIA

Le Tran Thuy v Cain [2000] FCA 898 JUDICIAL REVIEW – Administrative Decisions (Judicial Review) Act, s 6 – whether conduct engaged in for purpose of making unreviewable decision itself reviewable JUDICIAL REVIEW – Administrative Decisions (Judicial Review) Act, s 7 – whether failure to make substantive decision by reason of declining jurisdiction involves delay in making substantive decision which is unreasonable MIGRATION – Migration Act, s 485 – exclusion of Federal Court judicial review jurisdiction under other laws – whether jurisdiction excluded only in respect of valid decisions MIGRATION – cancellation of visa – satisfaction that visa condition not complied with – whether achievement of such satisfaction is decision within meaning of Administrative Decisions (Judicial Review) Act – whether review under Administrative Decisions (Judicial Review) Act of achievement of satisfaction excluded from review by Migration Act, s 485 MIGRATION – Migration Act, s 485 – whether Tribunal decision declining jurisdiction reviewable by Federal Court under Migration Act JUDICIAL REVIEW – discretion to refuse to grant remedy – whether discretion may be exercised without full investigation of merits JUDICIAL REVIEW – discretion to refuse to grant remedy – successive applications, each one seeking to invoke different head of jurisdiction in respect of essentially similar claims Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 6(1), 7(1), 11(1)(c) and (3), 16 Judiciary Act 1903 (Cth) Migration Act 1958 (Cth), ss 116(1)(b), 475, 478, 480, 485, 486 Le Tran Thuy v Minister for Immigration and Multicultural Affairs [1999] FCA 1598 considered Lamb v Moss (1983) 49 ALR 533 referred to Du Pont (Australia) v Comptroller-General of Customs (1993) 30 ALD 829 referred to Collector of Customs (New South Wales) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD 1 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Thongchua v Attorney-General (1986) 11 FCR 187 applied Kelly v Watson (1985) 10 FCR 305 applied Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 referred to Barzideh v Minister for Immigration and Ethnic Affairs (1997) 72 FCR 337 referred to LE TRAN THUY v MICHAEL CAIN & ORS N1449 of 1999 KATZ J 6 JULY 2000 SYDNEY