Federal Court of Australia
Federal Court of Australia
DUE20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1187 File number(s): VID 78 of 2020
Judgment of: O'BRYAN J
Date of judgment: 18 August 2020
Catchwords: MIGRATION - request for Ministerial intervention pursuant to s 417 of the Migration Act 1958 (Cth) – whether Departmental decision not to refer request to Minister affected by jurisdictional error – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 417, 476A Federal Court Rules 2011 (Cth) r 4.12
Cases cited: Alfred v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 457 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jabbour v Secretary, Department of Home Affairs (2019) 269 FCR 438 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Minister for Immigration, Local Government and Ethnic Affairs v Taveli (1990) 23 FCR 162 Plaintiff M61E/2010E v The Commonwealth & Ors (2010) 243 CLR 319 Plaintiff S10 v Minister for Immigration and Citizenship & Anor (2012) 246 CLR 636 SZEIQ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1801 Taveli v Minister for Immigration, Local Government and Ethnic Affairs (1989) 86 ALR 435
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