Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allseas Construction S.A. v Minister for Immigration and Citizenship [2012] FCA 529 Citation: Allseas Construction S.A. v Minister for Immigration and Citizenship [2012] FCA 529
Parties: ALLSEAS CONSTRUCTION S.A. (ARBN 096 664 649) v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: WAD 434 of 2011
Judge: MCKERRACHER J
Date of judgment: 22 May 2012
Catchwords: HIGH COURT AND FEDERAL COURT – original jurisdiction – whether there is a 'matter' before the Court within meaning of s 39B of the Judiciary Act 1903 (Cth) and Chapter III of the Constitution – held that the applicant was not seeking an advisory opinion but rather declarations to resolve its actual rights, duties and liabilities in respect of non-citizen employees working aboard pipe-laying vessels HIGH COURT AND FEDERAL COURT – declarations - whether circumstances warranted a rare exercise of discretion to grant of declaratory relief in respect of possible criminality and partially future conduct MIGRATION – whether non-citizens working aboard pipe-laying vessels are within Australia's 'migration zone' as defined by s 5(1) of the Migration Act 1958 (Cth) – whether the pipe laying vessels are 'resource installations' within the meaning of s 5(1) – whether by coming into contact with pipelines connected to the Australian sea bed, non-citizens are within Australia's migration zone
Legislation: Federal court of Australia Act 1976 (Cth) s 21(1) Judiciary Act 1903 (Cth) s 39B(1A)(c), 78B Migration Act 1958 (Cth) ss 5(1), 5(8), 5(13), 8, 235(1)
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