ALN15 v Minister for Immigration

[2015] FCCA 1288

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALN15 v MINISTER FOR IMMIGRATION [2015] FCCA 1288

Catchwords:
MIGRATION – Protection (class XA) visa – application to transfer the matter to the Federal Court of Australia – application dismissed.

Legislation:  

Federal Circuit Court of Australia Act 1999, ss.14, 15
Migration Act 1958, ss.474, 476

King v Minister for Immigration and Border Protection [2014] FCA 766

Applicant: ALN15

Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

File Number: SYG 1021 of 2015

Judgment of: Judge Street

Hearing date: 14 May 2015

Date of Last Submission: 14 May 2015

Delivered at: Sydney

Delivered on: 14 May 2015

REPRESENTATION

Counsel for the Applicant: Mr H. Jewell

Solicitors for the Applicant: Allens

Solicitors for the Respondent:

Ms E. Warner Knight

Australian Government Solicitor

ORDERS

1. The application in a case is dismissed.

2. The matter be fixed for hearing on 10 July 2015 at 12:00pm.

3. The first respondent file and serve affidavit evidence upon which it wishes to rely upon on or before 18 June 2015.

4. The applicant file and serve any affidavit in response by the 25 June 2015.

5. The applicant serve any written submissions upon which they wish to rely on or before 2 July 2015.

6. The respondent serve any written submissions upon which they wish to rely on or before 6 July 2015.

7. There be liberty to apply on 2 days’ notice.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1021 of 2015

ALN15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Respondent

REASONS FOR JUDGMENT

1. This is a matter in respect of which the applicant has filed an application seeking a Constitutional writ in respect of an alleged decision on 18 July 2014.  The applicant has filed an application in a case seeking a transfer to the Federal Court of Australia on the grounds that there is want of jurisdiction.  If I was satisfied that there was a want of jurisdiction I would strike out the proceedings.  I would not be willing to transfer it to the Federal Court of Australia as this court has a general duty to determine matters within its jurisdiction.

2. I am, however, satisfied that this court has jurisdiction under s.476 of the Migration Act 1958 read together with s.474 and taking into account the provisions of s.14 and s.15 of the Federal Circuit Court of Australia Act 1999.  I do not regard this matter as falling within the principles identified in King v Minister for Immigration and Border Protection [2014] FCA 766. The application in a case is dismissed. I propose to fix the matter for hearing on 10 July 2015.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  18 May 2015