Minister for Immigration and Citizenship v Saba Bros Tiling Pty Ltd [2011] FCA 233

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Saba Bros Tiling Pty Ltd [2011] FCA 233 Citation: Minister for Immigration and Citizenship v Saba Bros Tiling Pty Ltd [2011] FCA 233

Appeal from: Saba Bros Tiling Pty Ltd v Minister for Immigration & Anor [2010] FMCA 598

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SABA BROS TILING PTY LTD and MIGRATION REVIEW TRIBUNAL

File number(s): NSD 40 of 2011

Judge: JAGOT J

Date of judgment: 18 March 2011

Catchwords: STATUTORY INTERPRETATION – whether applicant for review had "responded" to information put to it purportedly in accordance with s 359A of the Migration Act 1958 (Cth) – whether Migration Review Tribunal issued invitation "under s 359A" where information subject of the invitation is not capable of being seen as referable to the statutory power to be exercised on some rational basis

Legislation: Migration Act 1958 (Cth) Migration Amendment (Review Provisions) Act 2007 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Corporation of the City of Enfield v Development Assessment Commission (1999) 199 CLR 135 Griffith University v Tang (2005) 221 CLR 99 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 Minister for Immigration v SZIZO (2009) 238 CLR 627 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 Saba Bros Tiling Pty Ltd v Minister for Immigration & Anor [2010] FMCA 598 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212