Huo v Minister for Immigration & Multicultural Affairs [2002] FCA 617

FEDERAL COURT OF AUSTRALIA

Huo v Minister for Immigration & Multicultural Affairs [2002] FCA 617

MIGRATION – unsuccessful application for Business (Long Stay) subclass 457 visa – two successive corporate sponsorship applications relating to visa applicant refused – pending application to Migration Review Tribunal for review of Departmental decision to reject later of the two sponsorship applications – Tribunal rejected visa application by reason of absence of approved sponsorship relating to visa applicant – whether Tribunal should have awaited outcome of review of that later sponsorship application before determining the visa application – whether denial of natural justice by Tribunal determining visa application, or breach on its part of statutory obligations and conditions – whether jurisdictional error – whether privative clause of Migration Act effective to deny Court's jurisdiction in the proceedings. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 359A, 360, 430, 474 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Schedule 1, Clause 8(2) Migration Regulations 1994 (Cth) Schedule 2, sub-clauses 457.223(2)(3)(4)(5)(6)(7)(8)(9), Regulations 1.20D, 1.20G Minister for Immigration and Multicultural Affairs v Capitly [1999] FCA 193 distinguished Minister for Immigration and Multicultural Affairs v Bhardwaj [2000] FCA 789 distinguished Bellaiche v Department of Immigration and Ethnic Affairs (1998) 51 ALD 356 distinguished Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 28 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Zhao v Minister for Immigration and Multicultural Affairs [2000] FCA 1523 considered Minister for Immigration and Multicultural Affairs v Yusuf (2001) 75 ALJR 1105 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 considered R v Murray; Ex parte Proctor (1949) 77 CLR 387 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 referred to Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 referred to Re Refugee Review Tribunal; Ex parte HB (2001) 179 ALR 513 referred to R v Coldham; Ex parte Australian Workers Union (1983) 153 CLR 415 approved NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 followed NABE v Minister for Immigration and Multicultural Affairs [2002] FCA 281 followed Ratumaiwai v Minister for Immigration and Multicultural Affairs [2002] FCA 311 followed NABM v Minister for Immigration and Multicultural Affairs [2002] FCA 335 followed Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 477 followed Park v Minister for Immigration and Multicultural Affairs [2002] FCA 346 approved SHU QIANG HUO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1406 OF 2001 CONTI J 15 MAY 2002 SYDNEY