Pintos v Minister for Immigration & Multicultural Affairs [2001] FCA 1400

FEDERAL COURT OF AUSTRALIA

Pintos v Minister for Immigration & Multicultural Affairs [2001] FCA 1400 MIGRATION – review of MRT decision affirming Minister's decision to refuse to grant family visa – whether Federal Court only has that jurisdiction to review MRT decision which Migration Act 1958 (Cth) s 486 confers – whether Federal Court has no jurisdiction to review Minister's decision – whether Wednesbury unreasonableness available as ground of review – whether nature of MRT's function makes complaint that MRT relied on evidentiary material not before Minister fundamentally misconceived – whether fact that MRT proceeded though applicant unrepresented before it discloses judicially-reviewable error on its part – whether MRT validly exercised power under Migration Act 1958 (Cth) s 366(1)(a) to allow applicant to appear before MRT and give evidence by telephone – whether MRT made judicially-reviewable error in relying on judgment which by then had been reversed on appeal and judgment which by then had not been followed – whether any such judicially-reviewable error immaterial. Re Minister for Immigration & Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473 referred to Wu v Minister for Immigration & Multicultural Affairs (2000) 105 FCR 39 referred to Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 789 referred to Huang v Minister for Immigration & Ethnic Affairs (1996) 71 FCR 95 referred to Tuamoheloa v Minister for Immigration & Multicultural Affairs (Heerey J, 4 November 1998, unreported) referred to Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 642 referred to Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Nguyen v Minister for Immigration & Multicultural Affairs (2000) 101 FCR 20 referred to Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 8, 16(1)(d) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 338(2), 366(1)(a), 366A, 475, 476(1), 476(2)(b), 485, 486 Migration Regulations (Cth) regs 1.03, 1.13(a), Sch 2 cll 806.213, 806.221 LUIS ALBERTO PINTOS CHAVES v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 962 of 2001 KATZ J SYDNEY 4 OCTOBER 2001