CCE16 v Minister for Immigration and Border Protection [2017] FCA 524

FEDERAL COURT OF AUSTRALIA

CCE16 v Minister for Immigration and Border Protection [2017] FCA 524 File number: VID 965 of 2016

Judge: BROMBERG J

Date of judgment: 17 May 2017

Catchwords: MIGRATION – original jurisdiction of the Federal Court of Australia in relation to judicial review of migration decisions – Migration Act 1958 (Cth), ss 476A and 474 – where it was asserted that a decision was made to exclude the applicant from a process of assessing the implications for the applicant of a data breach – whether the asserted decision was a "migration decision" by virtue of it being a "privative clause decision" – held that if any such decision was made, such a decision would be preparatory to a decision made under the Migration Act and therefore a "privative clause decision" – the Federal Court of Australia has no original jurisdiction to review – application dismissed

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5, 48B(1), 195A, 417(1), 474, 476A

Cases cited: SZWAJ v Minister for Immigration and Border Protection [2016] FCA 1173

Date of hearing: 28 April 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 28

Counsel for the Applicant: The Applicant appeared in person assisted by an interpreter

Solicitor for the Respondent: Ms E Arduca of Australian Government Solicitor

ORDERS VID 965 of 2016

BETWEEN: CCE16 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent