Mahboob, F B v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 292

Mahboob, F B v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 292

The amended Migration Act applied to the applicant's not finally determined refugee application as if it were an application for a protection visa, and the provisions relating to review of decisions included the provisions for judicial review. Those amendments removed jurisdiction to review the Tribunal decision under the AD(JR) Act or s 39B of the Judiciary Act 1903. The time for judicial review under the Migration Act had expired and could not be extended. The Court therefore lacked jurisdiction and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
15 April 1996
Procedural Posture
Application for Review of a Decision of the Refugee Review Tribunal / Supplementary Reasons After Further Submissions on Jurisdiction; Final Orders
Outcome
Application dismissed; no order as to costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'migration Reform Act Amendments' 'presumption Against Retrospectivity' 'extrinsic Material' 'concession as to Jurisdiction' 'no Order as to Costs']
['migration Law' 'administrative Law' 'federal Jurisdiction' 'statutory Interpretation' 'practice and Procedure' 'costs'] ['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'migration Reform Act Amendments' 'presumption Against Retrospectivity' 'extrinsic Material' 'concession as to Jurisdiction' 'no Order as to Costs']

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 Decision of the Refugee Review Tribunal / Supplementary Reasons After Further Submissions on Jurisdiction; Final Orders

Legal Issues

  1. 1 ['Whether amendments made to the Migration Act 1958 by the Migration Reform Act 1992 deprived the Federal Court of jurisdiction to grant review under the Administrative Decisions (Judicial Review) Act 1977 or s 39B of the Judiciary Act 1903.' 'Whether the provisions for judicial review introduced into the Migration Act applied to an applicant whose application for recognition as a refugee had been refused and who had applied to the Refugee Review Tribunal before 1 September 1994.' "Whether the Court could accept the Minister's concession that jurisdiction existed, or that any lack of jurisdiction was not manifest." 'Whether the Court should express a view on the merits despite concluding it lacked jurisdiction.' 'Whether there should be an order for costs in light of negotiations concerning discontinuance of High Court proceedings.']

Ratio Decidendi

The amended Migration Act applied to the applicant's not finally determined refugee application as if it were an application for a protection visa, and the provisions relating to review of decisions included the provisions for judicial review. Those amendments removed jurisdiction to review the Tribunal decision under the AD(JR) Act or s 39B of the Judiciary Act 1903. The time for judicial review under the Migration Act had expired and could not be extended. The Court therefore lacked jurisdiction and the application had to be dismissed.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • ['That the application be dismissed.' 'That there be no order as to costs.']