Acquino v Minister for Immigration

[2013] FCCA 897

FEDERAL CIRCUIT COURT OF AUSTRALIA

ACQUINO v MINISTER FOR IMMIGRATION [2013] FCCA 897

Catchwords:
PRACTICE AND PROCEDURE – Where Court has no jurisdiction – whether Court can transfer proceedings to Federal Court of Australia.

Legislation:

Migration Act1958 s.501(2)

Fisher v Minister for Immigration and Citizenship (2007) 162 FCR 299

Applicant: TRACY VAL ACQUINO

Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

File Number: BRG 482 of 2013

Judgment of: Judge Jarrett

Hearing date: 22 July 2013

Date of Last Submission: 22 July 2013

Delivered at: Brisbane

Delivered on: 23 July 2013

REPRESENTATION

Representative with leave for

 the Applicant:

Mr Sloss

Solicitor for the Respondent: Ms O’Connor

Solicitors for the Respondent: Clayton Utz

ORDERS

1. The application filed on 12 June, 2013 be transferred to Federal Court of Australia to be listed in that Court on a date to be fixed.

2. Each parties’ costs of today be reserved.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 482 of 2013

TRACY VAL ACQUINO

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

Respondent

REASONS FOR JUDGMENT

1. This application came before me on its first court date on 22 July, 2013. The applicant immediately conceded that this Court had no jurisdiction to grant the relief sought in the proceedings. By his application he seeks relief against a decision of the respondent that was made pursuant to s.501(2) of the Migration Act1958. This Court has no jurisdiction to deal with such claims for relief.

2. The applicant sought the matter be transferred to the Federal Court of Australia. The respondent neither consented to, nor opposed, that course.

3. I was concerned that, given that there was agreement between the parties that this Court had no jurisdiction to deal with the applicant’s claim, the Court could in fact make an order that transferred the matter to the Federal Court. Neither party was able to assist me with any authorities which dealt with that issue.

4. I have since had the opportunity of considering the matter. I am satisfied that this Court has the power to make an order transferring the proceedings to the Federal Court of Australia notwithstanding that the Court has no jurisdiction to grant the relief claimed by the applicant in the proceedings: Fisher v Minister for immigration and Citizenship (2007) 162 FCR 299.

5. Accordingly, I order the matter be transferred to the Federal Court of Australia to be listed in that court on a date to be fixed.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Jarrett delivered on 23 July, 2013.

Associate: 

Date:  23 July 2013