Nguyen v Federal Circuit and Family Court of Australia [2024] FCA 471

Federal Court of Australia

Nguyen v Federal Circuit and Family Court of Australia [2024] FCA 471 File number: NSD 1393 of 2023

Judgment of: MARKOVIC J

Date of judgment: 7 May 2024

Catchwords: MIGRATION – meaning of "decision" under Migration Act 1958 (Cth) – where appellant contends that withdrawal of visa application was a migration decision – where the Federal Circuit and Family Court of Australia (Div 2) found it did not have jurisdiction – whether Federal Circuit Court had jurisdiction – where no decision was made enlivening jurisdiction – application dismissed

Legislation: Judiciary Act 1903 (Cth) s 39B(1) Migration Act 1958 (Cth) ss 5, 5E, 47, 49, 474, 476

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2021] FCA 684; (2021) 153 ACSR 469 David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Ltd [2024] NSWCA 83 EFX17 v Minister for Immigration and Border Protection (2019) 273 FCR 508 Gillera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1396 Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 283 FCR 602 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Mokhlis v Minister for Home Affairs [2020] HCA 30; (2020) 94 ALJR 843 NACO v Minister for Immigration and Multicultural Affairs [2002] FCA 474 Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 38 Spurr v Minister for Immigration [2018] FCCA 1090 SZVBN v Minister for Immigration [2015] FCCA 2977 Totaan v R (2022) 108 NSWLR 17