Shuster v Minister for Immigration & Citizenship [2008] FCA 215

FEDERAL COURT OF AUSTRALIA

Shuster v Minister for Immigration & Citizenship [2008] FCA 215 JURISDICTION – appeal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) regarding cancellation of a business visa – whether Court has jurisdiction to hear appeal – section 483 of Migration Act 1958 (Cth) excludes appeals to Court under s 44 of Administrative Appeals Tribunal Act for privative clause decisions and purported privative clause decisions – business visas not excluded from s 483 – section 483 directed to statutory appeals – Court does not have jurisdiction – application dismissed pursuant to s 31A(2) of Federal Court of Australia Act 1976 (Cth) Acts Interpretation Act 1901 (Cth) ss 13(3), 15AB Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 31A(2) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 134, 474, 476, 476A, 483 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Litigation Reform Act 2005 (Cth) Bodruddaza v Minister for Immigration & Multicultural Affairs (2007) 228 CLR 651 cited Epenisa v Minister for Immigration & Multicultural Affairs (2007) 44 AAR 456 cited Jong Hak Kim v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 38 AAR 304 considered Koosasi v Minister for Immigration & Multicultural Affairs (2006) 43 AAR 462 considered Li-Shien Chen v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1496 considered Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited SHCB v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 561 cited Sneddon v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 88 ALD 84 cited Yang v Minister for Immigration & Multicultural Affairs [2006] FCA 1159 considered Pearce DC & Geddes RS, Statutory Interpretation in Australia (2006, Lexis Nexis, 6th edition) SOLLY JULIUS SHUSTER v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ADMINISTRATIVE APPEALS TRIBUNAL NSD 1862 OF 2007