Raikua v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 370

FEDERAL COURT OF AUSTRALIA

Raikua v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 370

ADMINISTRATIVE LAW – Migration Act 1958 (Cth), s 417 – Minister's power to substitute a more favourable decision than that given by Refugee Review Tribunal – request and repeat request by woman to Minister that Minister's power be exercised in favour of herself and her children – Ministerial guidelines to effect that Minister did not wish to have repeat requests referred to Minister if Departmental officer should be of a certain opinion – applicants' repeat request not referred to Minister – provision of s 417(7) that Minister does not have a duty to consider whether to exercise the power – whether decisions of Minister and a Manager of Ministerial Interventions Unit within Department subject to judicial review – Held: No. MIGRATION – Migration Act 1958 (Cth), s 417 – Minister's power to substitute a more favourable decision than that given by Refugee Review Tribunal – request and repeat request by woman to Minister that Minister's power be exercised in favour of herself and her children – Ministerial guidelines to effect that Minister did not wish to have repeat requests referred to Minister if Departmental officer should be of a certain opinion – applicants' repeat request not referred to Minister – provision of s 417(7) that Minister does not have a duty to consider whether to exercise the power – whether decisions of Minister and a Manager of Ministerial Interventions Unit within Department subject to judicial review – Held: No. Migration Act 1958 (Cth) ss 417, 474, 476, 476A Applicant S1083 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 295 cited Applicant S1510 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 294 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Bedlington v Chong (1998) 87 FCR 75 followed Carltona Ltd v Commissioners of Works [1943] 2 All ER 560 discussed Din v Minister for Immigration and Multicultural Affairs (1997) 147 ALR 673 discussed Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1 discussed Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996) 137 ALR 103 discussed Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 considered S1083 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1455 followed Savouts v Minister for Immigration and Multicultural Affairs [2000] FCA 1059 followed ASILIKA RAIKUA AND ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ORS NSD 948 OF 2006