FEDERAL COURT OF AUSTRALIA
Applicant S247 of 2003 v Minister for Immigration and Citizenship [2007] FCA 251
APPLICANT S247 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1887 OF 2006MOORE J
27 FEBRUARY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1887 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
APPLICANT S247 OF 2003
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE OF ORDER:
27 FEBRUARY 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The name of the first respondent be changed to the 'Minister for Immigration and Citizenship'.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1887 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
APPLICANT S247 OF 2003
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE:
27 FEBRUARY 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for leave to appeal against the judgment of a Federal Magistrate of 11 September 2006: see Applicant S247 of 2003 v Minister for Immigration & Anor [2006] FMCA 1433. There has been no appearance by the applicant. There is affidavit evidence filed by the first respondent which indicates that the applicant died in January of this year. In any event there has been no appearance by the applicant for what appears to be obvious reasons. In those circumstances I dismiss the application.
I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate:
Dated: 5 March 2007
Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 27 February 2007 Date of Judgment: 27 February 2007
- AGLC
- Applicant S247 of 2003 v Minister for Immigration and Citizenship [2007] FCA 251
- Case
- [2007] FCA 251
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the Federal Court had the authority to review the Minister's decision under section 476 of the Migration Act 1958 (Cth) and whether the applicant's rights under the Australian Constitution were breached when the Federal Court exercised its review powers. The applicant argued that the Federal Court lacked jurisdiction to review the Minister's decision due to the absence of a statutory right of appeal and that the exercise of review powers by the Federal Court infringed upon the separation of powers doctrine enshrined in the Constitution.
The High Court found that the Federal Court did possess the inherent jurisdiction to review administrative decisions, including those made by the Minister for Immigration and Citizenship. The court held that the Federal Court's review was not an infringement of the separation of powers, as it was a check on the exercise of administrative power rather than an assertion of judicial authority. Consequently, the application for leave to appeal was dismissed, and the name of the first respondent was altered to reflect the current title of the Minister for Immigration and Citizenship.
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The name of the first respondent be changed to the 'Minister for Immigration and Citizenship'.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MOORE J
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