ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263

ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263

A decision that involves jurisdictional error is not a 'migration decision' for the purposes of Part 8 of the Migration Act 1958 (Cth), and the Federal Court retains original jurisdiction under s 39B(1) and (1A)(c) of the Judiciary Act to grant final relief to the applicant challenging such a decision; the definition of 'migration decision' does not encompass a purported non-privative clause decision involving jurisdictional error.

Jurisdiction
Australia
Judgment Date
17 March 2017
Procedural Posture
Representative Proceeding for Injunctive Relief Concerning Immigration Detention Policy / Determination of Jurisdictional Question and Interlocutory Orders
Outcome
The Court has original jurisdiction to grant final relief to the applicant on the claims to relief in the originating application.
Legal Topics
['federal Court Jurisdiction' 'judicial Review' 'statutory Interpretation' 'migration Decisions' 'jurisdictional Error']
['administrative and Constitutional Law' 'human Rights'] ['federal Court Jurisdiction' 'judicial Review' 'statutory Interpretation' 'migration Decisions' 'jurisdictional Error']

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Procedural Posture

Representative Proceeding for Injunctive Relief Concerning Immigration Detention Policy / Determination of Jurisdictional Question and Interlocutory Orders

Legal Issues

  1. 1 ['Whether the Federal Court has original jurisdiction to grant final relief in challenges to non-privative clause decisions under s 474(6) Migration Act 1958 (Cth) alleged to involve jurisdictional error' "The construction of 'decision' within s 474(4) of the Migration Act" 'Whether jurisdictional fact must be capable of ascertainment before final hearing']

Ratio Decidendi

A decision that involves jurisdictional error is not a 'migration decision' for the purposes of Part 8 of the Migration Act 1958 (Cth), and the Federal Court retains original jurisdiction under s 39B(1) and (1A)(c) of the Judiciary Act to grant final relief to the applicant challenging such a decision; the definition of 'migration decision' does not encompass a purported non-privative clause decision involving jurisdictional error.

Court Disposition

The Court has original jurisdiction to grant final relief to the applicant on the claims to relief in the originating application.

Orders

  • ['The question reserved for determination on 2 March 2017 be answered: The Court has original jurisdiction to grant final relief to the applicant on the claims to relief in the originating application.' 'The respondents have leave to appeal in respect of the question and answer in order 1.']