Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 477

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 477 ADMINISTRATIVE LAW – appeal from a decision of the Migration Review Tribunal ("the Tribunal") – conceded that the Tribunal had erred in exercising its discretion to cancel a visa – where Tribunal's decision a privative clause decision under s 474(1) of the Migration Act 1958 (Cth) – whether the Court's jurisdiction under s 39B of the Judiciary Act 1903 (Cth) is encumbered by the terms of s 474 of the Migration Act 1958 (Cth) – whether the Court retains jurisdiction under s 39B of the Judiciary Act – Consideration of application of Hickman principles where Tribunal made jurisdictional error – whether the Tribunal made a bona fide attempt to exercise its power – whether s 474 operates in a case where the Tribunal merely purports to have made a decision but the decision was in fact void. Migration Act 1958 (Cth) ss 116(1), 474, 475A, 476 Judiciary Act 1903 (Cth) s 39B Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 considered R v Commonwealth Rent Controller; Ex parte National Mutual Life Association of Australia Ltd (1947) 75 CLR 361 cited R v Murray; Ex parte Proctor (1949) 77 CLR 387 referred to R v Commonwealth Conciliation and Arbitration Commission; Ex parte Amalgamated Engineering Union (1967) 118 CLR 219 cited R v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union (1951) 82 CLR 208 cited R v Members of the Central Sugar Cane Prices Board; Ex parte Maryborough Sugar Factory Ltd (1959) 101 CLR 246 cited Coal Miners' Industrial Union of Workers of Western Australia v Amalgamated Collieries of Western Australia Ltd (1960) 104 CLR 437 cited R v Coldham; Ex parte Australian Workers Union (1983) 153 CLR 415 referred to O'Toole v Charles David Pty Ltd (No 2) (1991) 171 CLR 232 referred to Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Ratumaiwai v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 311 cited NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 followed NABL v Minister for Immigration and Multicultural Affairs [2002] FCA 102 referred to NABE v Minister for Immigration and Multicultural Affairs [2002] FCA 281 followed Boakye-Danquah v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 438 not followed VBAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 388 cited Wang v Minister for Immigration and Multicultural Affairs [2002] FCA 167 cited WANG V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 11 of 2002 HILL J 17 APRIL 2002 SYDNEY