Mansour, Anthony v Minister for Immigration & Ethnic Affairs & Anor [1995] FCA 964

Mansour, Anthony v Minister for Immigration & Ethnic Affairs & Anor [1995] FCA 964

Because the decision granting the permanent entry visa and resident return visa was a judicially-reviewable decision under the Migration Act 1958 (Cth), only the Minister and the person who was the subject of the decision could be parties to review proceedings. Mr Mansour was not such a party, and s.485(1) excluded jurisdiction under s.39B of the Judiciary Act 1903 (Cth). The Court therefore had no jurisdiction to review the decision on his application, and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
14 November 1995
Procedural Posture
Application for Review of a Migration Decision / Motion Seeking Dismissal of the Proceedings
Outcome
Application dismissed.
Legal Topics
['judicial Review of Visa Decisions' 'standing to Bring Migration Review Proceedings' 'exclusion of Federal Court Jurisdiction Under S.39 B of the Judiciary Act 1903 (cth)' 'migration Reform Act 1992 Transitional Application']
['migration Law' 'administrative Law' 'federal Jurisdiction'] ['judicial Review of Visa Decisions' 'standing to Bring Migration Review Proceedings' 'exclusion of Federal Court Jurisdiction Under S.39 B of the Judiciary Act 1903 (cth)' 'migration Reform Act 1992 Transitional Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review of a Migration Decision / Motion Seeking Dismissal of the Proceedings

Legal Issues

  1. 1 ['Whether the applicant was entitled to bring proceedings under the Migration Act 1958 (Cth) to review the decision granting visas to the second respondent.' 'Whether the Federal Court had jurisdiction under s.39B of the Judiciary Act 1903 (Cth) to review the decision.']

Ratio Decidendi

Because the decision granting the permanent entry visa and resident return visa was a judicially-reviewable decision under the Migration Act 1958 (Cth), only the Minister and the person who was the subject of the decision could be parties to review proceedings. Mr Mansour was not such a party, and s.485(1) excluded jurisdiction under s.39B of the Judiciary Act 1903 (Cth). The Court therefore had no jurisdiction to review the decision on his application, and the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs of the proceedings."]