S1083/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1455

FEDERAL COURT OF AUSTRALIA

S1083/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1455

MIGRATION – first request to Minister to exercise power under s 417 of the Migration Act refused – second request to Minister under s 417 of the Migration Act – whether decision or conduct of departmental officer not to take further action with respect to second request to the Minister reviewable PRACTICE AND PROCEDURE – jurisdiction of the Federal Court to review decision or conduct of a departmental officer under the Migration Act

Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 417, 476(2), 485(1)

Din v Minister for Immigration and Multicultural Affairs (1997) 147 ALR 673 cited Minister for Immigration, Local Government and Ethnic Affairs v Ozmanian (1996) 71 FCR 1 discussed Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996) 41 ALD 293; 137 ALR 103 discussed S1083/2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ORS N 920 OF 2004 S1510/2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ORS N 1111 OF 2004 S428/2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ORS N 1112 OF 2004 MOORE J 11 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 920 OF 2004

BETWEEN: S1083/2003

APPLICANTS

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JOANNE CONNOLLY, MANAGER, MINISTERIAL INTERVENTIONS UNIT ONSHORE PROTECTION, NEW SOUTH WALES, DEPARTMENT OF IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS