Gillera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1396

Federal Court of Australia

Gillera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1396 Appeal from: Gillera v Minister for Immigration [2020] FCCA 929

File number: QUD 131 of 2020

Judgment of: THOMAS J

Date of judgment: 11 November 2021

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where appellant purports that withdrawal of visa application was not valid - Where Federal Circuit Court found that it did not have jurisdiction to determine application and, in any event, found that withdrawal was valid – whether Federal Circuit Court had jurisdiction under the Migration Act 1958 (Cth) to determine application – consideration of whether withdrawal of visa application was a "migration decision" – consideration of whether visa application was validly withdrawn – appeal dismissed.

Legislation: Customs Act 1901 (Cth) Judiciary Act 1903 (Cth): s 39B Migration Act 1958 (Cth): ss 5, 5E, 47, 49, 474, 476

Cases cited: Formosa v Secretary, Department of Social Security (1988) 46 FCR 117 Griffith University v Tang (2005) 221 CLR 99 Kogolo v State of Western Australia [2011] FCA 1481 Minister for Immigration and Border Protection v Kim (2014) 221 FCR 523 NACO v Minister for Immigration and Multicultural Affairs [2002] FCA 474 R v GAM (No 2) (2004) 9 VR 640 Raru v Minister of Immigration Local Government and Ethnic Affairs (1993) 46 FCR 453 SZASD v Minister for Immigration [2004] FMCA 472 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 Uniden Australia Pty Ltd v Collector of Customs (1997) 74 FCR 190 Whim Creek Consolidated NL v Coglan (1991) 31 FCR 469