Australian Catholic Bishops Conf, Ex parte Re Justice Sunberg

The applicant, the Australian Catholic Bishops Conference, sought leave to appeal from a decision of Sunberg J in the Federal Court of Australia. The dispute concerned the interpretation and application of certain provisions of the *Migration Act 1958* (Cth) and the *Administrative Decisions (Judicial Review) Act 1977* (Cth) in relation to the conferral of jurisdiction on the Federal Court to hear and determine applications for judicial review of decisions made under the *Migration Act*.

The central legal issue before Callinan J was whether the Federal Court had jurisdiction to entertain the judicial review application in the first instance, given the specific wording of the *Migration Act* which appeared to limit the availability of such review to the High Court. This involved an examination of the interplay between the general supervisory jurisdiction of the Federal Court and the specific statutory provisions governing migration decisions.

Callinan J considered the principles of statutory interpretation, particularly in relation to provisions that might oust or limit the jurisdiction of superior courts. His Honour referred to established authorities on the presumption against implied ouster of jurisdiction and the need for clear and unambiguous statutory language to achieve such an effect. The judge concluded that the *Migration Act* did not, in sufficiently clear terms, exclude the Federal Court's jurisdiction to review decisions made under that Act. Accordingly, leave to appeal was granted.