Applicants WAIV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1186

FEDERAL COURT OF AUSTRALIA

Applicants WAIV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1186

MIGRATION – judicial review – claim for urgent interlocutory relief – applicants for protection visas – applicants formerly seeking to enter Australia unlawfully by boat – taken to Nauru – transported to Australia under statutory power to appear as witnesses in criminal proceedings of people smugglers – kept in detention while in Australia – statutory designation as "transitory persons" – applications for protection visas not valid by operation of Migration Legislation Amendment (Transitional Movement) Act 2002 (Cth) – no legal obligation on executive to consider applications for protection visas pursuant to international law – exclusion of jurisdiction of all courts except High Court – no jurisdiction in Federal Court – no arguable case in any event – claim for interlocutory relief dismissed – application as a whole dismissed CONSTITUTIONAL LAW – provision relating to unlawful non-citizens brought into Australia under statutory power – visa applications by such persons to be invalid – characterisation – whether law with respect to immigration or aliens – no tenable submission of constitutional invalidity advanced. Migration Act 1958 (Cth) s 5 s 7A s 46 s 46B s 494AB Migration Legislation Amendment (Transitional Movement) Act 2002 (Cth)

Ruddock v Vadarlis (2001) 110 FCR 491 cited Minister for Immigration and Ethic Affairs v Teoh (1995) 183 CLR 273 applied APPLICANTS WAIV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W277 OF 2002 FRENCH J 20 SEPTEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W277 OF 2002

BETWEEN: APPLICANTS WAIV

APPLICANTS

AND: THE MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS