Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 51

FEDERAL COURT OF AUSTRALIA

Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 51

ADMINISTRATIVE LAW – res judicata – issue estoppel – 'Anshun estoppel' – applicability where earlier judgment was dismissal of application for judicial review of administrative decision – 'special circumstances' why Anshun estoppel should not apply – whether 'special circumstances' exception to issue estoppel.

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – objection to competency – whether 'decision' of Tribunal appealed from was the effective decision or determination of the application for review that was before Tribunal – objection to competency upheld.

MIGRATION – whether s 503A of Migration Act 1958 (Cth) obliged Minister not to give particulars of information communicated to authorised migration officer by gazetted agency on condition of confidentiality – distinction between 'authorised migration officer' and 'the Minister' in s 503A – 'gazetted agency' – definition of 'gazetted agency' in s 503A – whether particular notice published in Gazette valid – whether severance possible so that notice valid as to part.

EVIDENCE – res judicata – issue estoppel – 'Anshun estoppel' – applicability where earlier judgment was dismissal of application for judicial review of administrative decision – 'special circumstances' why Anshun estoppel should not apply – whether 'special circumstances' exception to issue estoppel.

STATUTORY INTERPRETATION – inconsistency between definition of 'authorised migration officer' in s 503A of Migration Act 1958 (Cth) as including 'the Minister' and text and scheme of the section which distinguished between 'authorised migration officer' and 'the Minister'.

PRACTICE AND PROCEDURE – res judicata – issue estoppel – 'Anshun estoppel' – applicability where earlier judgment was dismissal of application for judicial review of administrative decision – 'special circumstances' why Anshun estoppel should not apply – whether 'special circumstances' exception to issue estoppel.