Federal Court of Australia
FederaL Court of Australia
ECR20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1312 File number: NSD 1039 of 2020
Judgment of: BROMBERG J
Date of judgment: 27 October 2021
Catchwords: MIGRATION – where applicant made request for ministerial intervention under s 46A(2) and s 48B of the Migration Act 1958 (Cth) – where applicant sought judicial review of the decision to refuse the request for Minister to exercise the s 46A(2) power – application of Jabbour v Secretary, Department of Home Affairs (2019) 269 FCR 438 – where applicant claimed that the refusal to refer was legally unreasonably – whether decisions of the Immigration Assessment Authority can engage Minister's intervention power under s 501J of the Act – consideration of legislative history and structure of the Act and whether reference in s 501J to "AAT" includes a reference to IAA.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 17A Migration Act 1958 (Cth) Pts 5, 7, 7AA, 9 ss 5, 35A, 46A, 48A, 48B, 99, 103, 200, 261AKD, 271, 336E, 336M, 336N, 345, 349, 351, 381, 391, 408, 409, 415, 417, 443, 454, 473BB, 473CC, 473DA, 473DB, 473JA, 473JB, 500, 501, 501J Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Sch 4 Migration Legislation Amendment Act (No. 6) 2001 (Cth) Tribunals Amalgamation Act 2015 (Cth)
Cases cited: Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 Alfred v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 457 CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 791 DCM20 v Secretary, Department of Home Affairs [2020] FCA 1022 Jabbour v Secretary, Department of Home Affairs [2019] FCA 452
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate