SZTVU v Minister for Home Affairs [2018] FCA 1394

FEDERAL COURT OF AUSTRALIA

SZTVU v Minister for Home Affairs [2018] FCA 1394 Appeal from: SZTVU v Minister for Home Affairs [2018] FCCA 1962

File number: NSD 1368 of 2018

Judge: PERRY J

Date of judgment: 7 September 2018

Catchwords: MIGRATION – application for leave to appeal – where application for judicial review dismissed at show cause hearing in the Federal Circuit Court – where applicant sought to appeal from decision that Administrative Appeals Tribunal had no jurisdiction to undertake merits review as he was a fast track applicant – whether reasonably arguable that the applicant was not a fast track applicant pursuant to a Ministerial instrument made under subs 5(1AA)(b) of the Migration Act 1958 (Cth) – whether reasonably arguable that Ministerial instrument was invalid – application for leave to appeal allowed

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Circuit Court Rules 2001 (Cth)

Cases cited: BZADA v Minister for Immigration and Citizenship [2013] FCA 1062 CHM16 v Minister for Immigration and Border Protection [2018] FCA 1132 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Duncan v Sec, Department of Family and Community Services [2007] FCA 507; (2007) 9 ALD 241 Ex parte Bucknell (1936) 56 CLR 221 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jackamarra v Krakouer (1998) 195 CLR 516 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 Perera v Minister for Immigration and Border Protection [2013] FCA 1417 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 SZTVU v Minister for Immigration and Border Protection [2015] FCCA 1620 SZTVU v Minister for Immigration and Border Protection [2015] FCA 1449