Rahmani v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 125

FEDERAL COURT OF AUSTRALIA

Rahmani v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 125 MIGRATION – application seeking orders permanently restraining the applicant from being removed from Australia by Minister – proposed removal under s 198(6) Migration Act 1958 (Cth) – whether condition of exercise of power under s 198(6) that removal could constitute refoulement contrary to Australia's obligations under the Refugees Convention or the Torture Convention – whether a potential application for special leave to appeal to the High Court means that an application is not 'finally determined' - meaning of 'finally determined' under s 198(6) Migration Act 1958 (Cth) – whether application for protection visa finally determined – whether 'application' to Minister under s 417 of Act means application for protection visa not finally determined – whether Minister's discretion under s 417 is a form of review under Pt 7 of the Act.

Migration Act 1958 (Cth) ss 5, 198, 417, 474 Judiciary Act 1903 (Cth) s 39B Rahmani v Minister for Immigration & Multicultural Affairs [2001] FCA 1367 referred to WABE v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 168 referred to SAAK v Minister for Immigration & Multicultural & Indigenous Affairs (No 4) [2004] FCA 104 applied M38/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 131; (2003) 199 ALR 290 applied NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 292 applied Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 317 referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228; (2002) 123 FCR 298 referred to MOHAMMAD HASSAN RAHMANI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 797 of 2003 MANSFIELD J 25 FEBRUARY 2004 ADELAIDE