ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263

FEDERAL COURT OF AUSTRALIA

ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263 File number: NSD 223 of 2017

Judge: RARES J

Date of judgment: 17 March 2017

Catchwords: HIGH COURT AND FEDERAL COURT – challenge to jurisdiction – whether Federal Court has original jurisdiction to hear challenge to non-privative clause decision as defined in s 474(6) of the Migration Act 1958 (Cth) where decision alleged to involve jurisdictional error – whether such decision is "migration decision" in original jurisdiction of Federal Circuit Court under s 476(1) and excluded from Federal Court jurisdiction by s 476A(1) – original jurisdiction of Federal Court under s 39B(1) and (1A)(c) of the Judiciary Act 1903 (Cth) and s 19(1) of the Federal Court of Australia Act 1976 (Cth) – whether s 476A of the Migration Act excludes Federal Court's original jurisdiction in respect of matter seeking relief in relation to a "migration decision" alleged to involve jurisdictional error – whether jurisdictional fact must be capable of ascertainment before final hearing STATUTORY INTERPRETATION – Migration Act 1958 (Cth) – meaning of "decision" within s 474 – whether textual construction of "decision" differs within s 474(2) as well as with s 474(4) – whether "decision" in s 474(4) means decision made under the Act as construed in Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 – use of extrinsic materials in statutory construction

Legislation: Constitution ss 75, 76 Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, Sch 1 Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 19, 32AB Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Div 13A Pt 2, Pts 5, 7, Div 1 Pt 8, Div 2 Pt 8, Pt 8A, ss 5, 5E, 252, 261A, 261F, 261K, 273, 338, 411, 474, 474A, 475, 476, 476A, 476B, 477, 477A, 478, 479, 480, 484, 486A, 486AA Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Litigation Reform Bill 2005 (Cth)