NAFD v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 570
The application must be dismissed as incompetent because s 476(2) of the Migration Act 1958 (Cth) excludes the jurisdiction of the Federal Court to review decisions not to refer requests under s 48B to the Minister.
- Parties
- Applicant: NAFD; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
- Jurisdiction
- Australia
- Judgment Date
- 06 May 2002
- Procedural Posture
- Application for Judicial Review / Judgment Dismissing Application on Competency Objection
- Outcome
- application dismissed
- Legal Topics
- Protection Visas, Jurisdiction of Federal Court, Privative Clause Decisions, Ministerial Discretion Under Migration Act
Case Brief
Summary, issues, holding and outcome
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Parties
NAFD
Applicant
Minister for Immigration & Multicultural & Indigenous Affairs
Respondent
Procedural Posture
Application for Judicial Review / Judgment Dismissing Application on Competency Objection
Legal Issues
- 1 Whether the Federal Court has jurisdiction to review a decision not to refer a request under s 48B of the Migration Act 1958 (Cth) to the Minister
- 2 Whether the application is competent given the privative clause and statutory exclusion of jurisdiction under s 476(2)
Ratio Decidendi
The application must be dismissed as incompetent because s 476(2) of the Migration Act 1958 (Cth) excludes the jurisdiction of the Federal Court to review decisions not to refer requests under s 48B to the Minister.
Court Disposition
application dismissed
Orders
- the application be dismissed
- the applicant pay the respondent's costs
Full Case Text
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