In the Matter of an Application for Writs of Mandamus & a Writ of Prohibition in High Court Proceedings S39 of 1996, & Bedlington, Jennifer J & Anor & Ex Parte: Chong, Ana Cecilia Enciso [1997] FCA 1416

In the Matter of an Application for Writs of Mandamus & a Writ of Prohibition in High Court Proceedings S39 of 1996, & Bedlington, Jennifer J & Anor & Ex Parte: Chong, Ana Cecilia Enciso [1997] FCA 1416

On the true construction of s 48B, the Minister for Immigration has no duty to consider whether to exercise the power under s 48B(1), except where the Minister thinks it is in the public interest to do so.

Jurisdiction
Australia
Judgment Date
15 December 1997
Procedural Posture
Application for Writs of Mandamus and Prohibition / On Remittal From the High Court; Judgment on Relief
Outcome
Declaratory relief granted; costs reserved; leave to appeal granted.
Legal Topics
['ministerial Discretion' 'statutory Interpretation' 'jurisdiction Under Migration Act' 'relief on Remittal' 'declaratory Relief']
['administrative Law' 'migration Law'] ['ministerial Discretion' 'statutory Interpretation' 'jurisdiction Under Migration Act' 'relief on Remittal' 'declaratory Relief']

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Procedural Posture

Application for Writs of Mandamus and Prohibition / On Remittal From the High Court; Judgment on Relief

Legal Issues

  1. 1 ['Whether the Minister has a duty to consider exercising the power under s 48B(1) Migration Act 1958' 'Statutory construction of ss 48A and 48B Migration Act 1958' 'Personal determination requirement by Minister under s 48B(1) Migration Act 1958']

Ratio Decidendi

On the true construction of s 48B, the Minister for Immigration has no duty to consider whether to exercise the power under s 48B(1), except where the Minister thinks it is in the public interest to do so.

Court Disposition

Declaratory relief granted; costs reserved; leave to appeal granted.

Orders

  • ['Declare that, on the true construction of the Migration Act 1958, the second respondent has no duty to consider whether to exercise the power under s 48B(1), except where the Minister thinks that it is in the public interest to do so.' 'Costs reserved.' 'Grant leave to appeal.']