Whittaker v Assistant Minister for Immigration and Border Protection (No 3) [2018] FCA 807

FEDERAL COURT OF AUSTRALIA

Whittaker v Assistant Minister for Immigration and Border Protection (No 3) [2018] FCA 807 File number(s): QUD 224 of 2017

Judge(s): DERRINGTON J

Date of judgment: 1 May 2018

Catchwords: MIGRATION – Review of decision not to revoke cancellation decision – Where one ground of appeal was not heard due to an appeal to the High Court of Australia (Falzon v Minister for Immigration and Border Protection (2018) HCA 2), which was substantially the same – Where that ground of appeal was heard after the decision of the High Court of Australia was handed down – Where, pursuant to Falzon, s 501(3A) of the Migration Act 1958 (Cth) does not confer upon the Minister judicial power or power that was judicial in character COSTS – Where the matter was transferred between the Federal Circuit Court of Australia and the Federal Court of Australia – Where the distribution of jurisdiction under the Migration Act 1958 (Cth) is difficult to follow and the legislation is somewhat uncertain in relation to jurisdiction

Legislation: Constitution Migration Act 1958 (Cth)

Cases cited: Falzon v Minister for Immigration and Border Protection (2018) HCA 2

Date of hearing: 1 May 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr B McGlade

Solicitor for the Respondent: Sparke Helmore

ORDERS QUD 224 of 2017

BETWEEN: ZIYAAD WHITTAKER Applicant