Madafferi v Minister for Immigration & Multicultural Affairs [2001] FCA 250

FEDERAL COURT OF AUSTRALIA

Madafferi v Minister for Immigration & Multicultural Affairs [2001] FCA 250 MIGRATION – where Minister refused to grant applicant a visa under s 501A of Migration Act 1958 – where Administrative Appeals Tribunal set aside decision and remitted matter to Minister for reconsideration – where Minister exercised power under s 501A(2)(a) to refuse to grant visa on basis that applicant did not pass character test – where Minister restrained from treating applicant as an unlawful non citizen by interlocutory order pending determination of substantive proceedings – whether Court has jurisdiction and power to make such an order pursuant to s 482(2) of Migration Act 1958 – whether detention as distinct from threat of removal from Australia could effect the hearing and determination of substantive proceeding – whether Full Court ought to receive further evidence pursuant to s 27 of Federal Court of Australia Act 1976 STATUTORY INTERPRETATION – where parallel provisions regarding review found in s 44A(2) of Administrative Appeals Tribunal Act 1975 – whether the "appeal" in s 482(2) of Migration Act 1958 refers to the 'application'

Administrative Appeals Tribunal Act 1975 (Cth) ss44, 44A(2) Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 27 Judiciary Act 1903 (Cth) s 44 Migration Act 1958 (Cth) ss 481(1), 482(2), 485(1), 486, 501(1), 501A

Minister for Immigration, Local Government & Ethic Affairs v Msilanga (1992) 34 FCR 169 referred to

FRANCESCO MADAFFERI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO V 839 OF 2000 HEEREY, EMMETT & CONTI JJ 15 MARCH 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 839 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA