Federal Court of Australia
Federal Court of Australia
Chamoun v Commonwealth of Australia [2021] FCA 740 File number(s): NSD 394 of 2021
Judgment of: KATZMANN J
Date of judgment: 2 July 2021
Catchwords: MIGRATION – objection to competency of proceeding – application by non-citizen in detention for writ of mandamus under s 39B of the Judiciary Act 1903 (Cth) to compel Commonwealth to remove him from Australia to his country of citizenship – where s 476A(1) of the Migration Act 1958 (Cth) limits the Court's original jurisdiction in relation to migration decisions despite any other law, including s 39B of the Judiciary Act, and where none of the circumstances listed in s 476A(1) applies, whether application is "in relation to a migration decision"
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 39 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5, 5E, 13, 14, 198, 474, 476, 476A, 477, 486A, 486B Migration Litigation Reform Act 2005 (Cth) Federal Court Rules 2011 (Cth) r 31.24 Explanatory Memorandum to the Migration Litigation Reform Bill 2005 (Cth)
Cases cited: AFX17 v Minister for Home Affairs [2020] FCA 807 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2019] FCA 1520 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] HCASL 200 DBE17 v The Commonwealth of Australia (2019) 266 CLR 156 Dunn v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 488 Fernando v Minister for Immigration and Citizenship (2007) 165 FCR 471 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 146 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223; 385 ALR 405 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2020] FCA 394 Mokhlis v Minister for Home Affairs [2020] HCA 30; 382 ALR 1; 94 ALJR 843 Okwume v Commonwealth of Australia [2016] FCA 1252 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Sebastian v State of Western Australia [2008] FCA 926 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55
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