CEN16 v Minister for Immigration and Border Protection [2018] FCA 1629

CEN16 v Minister for Immigration and Border Protection [2018] FCA 1629

Since the Full Court in DBB16 determined the 2002 proclamation invalid, and that binding authority could not be distinguished, the appellant was not an unauthorised maritime arrival and the Immigration Assessment Authority lacked jurisdiction. Accordingly, summary judgment must be granted in favour of the appellant.

Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court; Determination of Application for Summary Judgment
Outcome
Appeal allowed; summary judgment in favour of appellant; orders in Federal Circuit Court set aside; decision of Authority quashed; costs orders made.
Legal Topics
['unauthorised Maritime Arrival' 'proclaimed Port' 'summary Judgment' 'jurisdiction of Immigration Assessment Authority']
['migration Law' 'administrative Law'] ['unauthorised Maritime Arrival' 'proclaimed Port' 'summary Judgment' 'jurisdiction of Immigration Assessment Authority']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court; Determination of Application for Summary Judgment

Legal Issues

  1. 1 ['Whether the appellant was an unauthorised maritime arrival within the meaning of s 5AA of the Migration Act 1958 (Cth)' 'Whether the purported proclamation of a port in the Ashmore and Cartier Islands was valid' 'Whether the Immigration Assessment Authority had jurisdiction to review the delegate’s decision' 'Whether summary judgment should be granted given the binding authority of DBB16 v Minister for Home Affairs [2018] FCAFC 178']

Ratio Decidendi

Since the Full Court in DBB16 determined the 2002 proclamation invalid, and that binding authority could not be distinguished, the appellant was not an unauthorised maritime arrival and the Immigration Assessment Authority lacked jurisdiction. Accordingly, summary judgment must be granted in favour of the appellant.

Court Disposition

Appeal allowed; summary judgment in favour of appellant; orders in Federal Circuit Court set aside; decision of Authority quashed; costs orders made.

Orders

  • ['Summary judgment given in favour of the Appellant pursuant to r 36.11(2)(e) of the Federal Court Rules 2011 (Cth).' 'Orders made by Judge Hartnett on 18 April 2018 set aside.' 'Declaration that the purported appointment of a port as a proclaimed port, an area of waters within the Territory of Ashmore and Cartier...