NADU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 4

NADU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 4

Because the decision challenged was the Minister's decision not to consider exercising the power under s 417 of the Migration Act 1958 (Cth), s 476(2) deprived the Federal Court of jurisdiction in respect of that decision, so the objection to competency had to be upheld and the application struck out.

Jurisdiction
Australia
Judgment Date
08 January 2003
Procedural Posture
Application for Review of Minister's Decision Not to Consider Exercising Power Under S 417 of the Migration Act 1958 (cth) / Notice of Objection to Competency
Outcome
Objection to competency upheld; application struck out.
Legal Topics
['protection Visa' 'ministerial Intervention Under S 417' 'jurisdictional Bar' 'objection to Competency']
['migration Law' 'administrative Law' 'federal Court Jurisdiction'] ['protection Visa' 'ministerial Intervention Under S 417' 'jurisdictional Bar' 'objection to Competency']

Case Brief

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Procedural Posture

Application for Review of Minister's Decision Not to Consider Exercising Power Under S 417 of the Migration Act 1958 (cth) / Notice of Objection to Competency

Legal Issues

  1. 1 ["Whether the Federal Court had jurisdiction to review the Minister's decision not to consider exercising power under s 417 of the Migration Act 1958 (Cth)." 'Whether the application was competent.']

Ratio Decidendi

Because the decision challenged was the Minister's decision not to consider exercising the power under s 417 of the Migration Act 1958 (Cth), s 476(2) deprived the Federal Court of jurisdiction in respect of that decision, so the objection to competency had to be upheld and the application struck out.

Court Disposition

Objection to competency upheld; application struck out.

Orders

  • ['The objection to competency be upheld.' 'The application be struck out.']