Minister for Immigration and Citizenship v Hassani [2007] FCA 436

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Hassani [2007] FCA 436

ADMINISTRATIVE LAW – purported appeal from decision of Administrative Appeals Tribunal – where respondent applied for Australian citizenship – where applicant Minister's delegate refused to grant citizenship on the basis of criminal record and consequent failure to satisfy good character requirements of Australian Citizenship Act 1948 (Cth) – where respondent applied to Tribunal for review of Minister's decision – where respondent charged with a criminal offences prior to hearing before Tribunal – where Tribunal made orders deferring hearing pending outcome of criminal charges – where Tribunal had already deferred hearing for periods which cumulatively exceeded 12 months – whether Tribunal's power to defer hearing under Australian Citizenship Act was spent – whether power to defer hearing under s 14A of Australian Citizenship Act supplanted Tribunal's general power to adjourn or power to adjourn under Administrative Appeals Tribunal Act 1975 (Cth) – whether Tribunal's orders a 'decision' within the meaning of the Administrative Appeals Tribunal Act – notice of objection to competency – whether Federal Court of Australia has jurisdiction to entertain application under Administrative Appeals Tribunal Act or Administrative Decisions (Judicial Review) Act 1977 – whether Tribunal committed jurisdictional error – whether relief available under s 39B of the Judiciary Act 1903 (Cth). Held: orders of Tribunal deferring hearing of application do not constitute a 'decision' within the meaning of s 44 of the Administrative Appeals Act or within the meaning of s 5 of the Administrative Decisions (Judicial Review) Act – Tribunal committed jurisdictional error – relationship between s 13(11)(a) and s 14A – relief available under s 39B of the Judiciary Act – appeal allowed. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, s 6 Australian Citizenship Act 1948 (Cth) s 13 Controlled Substances Act 1984 (SA) s 32 Judiciary Act 1903 (Cth) s 39B Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 considered Director-General of Social Services v Chaney (1980) 3 ALD 161 cited Geographical Indications Committee v The Honourable Justice O'Connor (2000) 64 ALD 325 cited