Funaki v Minister for Immigration & Multicultural Affairs [2000] FCA 1698

Funaki v Minister for Immigration & Multicultural Affairs [2000] FCA 1698

The Federal Court lacks any power to remove constitutional issues to the High Court under s 40 or s 78B of the Judiciary Act, and for that reason the appeal is incompetent and must be dismissed.

Source-derived case information.

Parties
Appellant: Tevita Funaki; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
17 November 2000
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
appeal dismissed
Legal Topics
Removal of Constitutional Issues, Jurisdiction of Federal Court, Appeal From Interlocutory Judgment
Migration Law Constitutional Law Removal of Constitutional Issues Jurisdiction of Federal Court Appeal From Interlocutory Judgment

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Parties

Tevita Funaki

Appellant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the Federal Court erred in dismissing a motion to remove constitutional issues to the High Court
  2. 2 Whether the Federal Court had jurisdiction to remove constitutional issues under s 40 of the Judiciary Act 1903 (Cth)
  3. 3 Whether the relevant part of the judgment appealed from was interlocutory in nature

Ratio Decidendi

The Federal Court lacks any power to remove constitutional issues to the High Court under s 40 or s 78B of the Judiciary Act, and for that reason the appeal is incompetent and must be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of this motion and of the appeal.