Manatiy v Minister for Immigration
[2006] FMCA 993
•5 July 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MANATIY v MINISTER FOR IMMIGRATION | [2006] FMCA 993 |
| MIGRATION – PRACTICE & PROCEDURE – Courts – transfer of migration matter to Federal Court. |
| Federal Magistrates Court Act 1999, s.39 Migration Act 1958, s.501 |
| Applicant: | MARY JANE MANATIY |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| File Number: | ADG103 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 5 July 2006 |
| Date of Last Submission: | 5 July 2006 |
| Delivered at: | Adelaide |
| Delivered on: | 5 July 2006 |
REPRESENTATION
| Counsel for the Applicant: | Mr S Ower |
| Solicitors for the Applicant: | McDonald Steed McGrath |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Matter to be transferred to Federal Court.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ADELAIDE |
ADG103 of 2006
| MARY JANE MANATIY |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
Respondent
REASONS FOR JUDGMENT
The applicant seeks an order of an interlocutory nature from this Court transferring the matter pursuant to s.39 of the Federal Magistrates Court Act 1999 to the Federal Court of Australia. The ground for that application is that the matter requires complex statutory interpretation, being interpretation of certain migration regulations and of various Imperial and Australian Acts of Parliament. The applicant also proposes to request the court hearing the matter to make an order compelling the Tribunal to make an order which would have the effect of allowing the applicant entry into Australia rather than an order requiring the Tribunal to reconsider its previous decision according to law.
Although in the latter part of 2005 the Parliament of Australia amended the Migration Act 1958 (the “Act”) so that this court was made the court to which all applications under the Act, save for certain specific applications such as those seeking review of a decision made under s.501 of the Act, were to be heard, the Parliament did not make any amendment to s.39 of the Federal Magistrates Court Act nor was it able to make any amendments to the Constitution which would prevent an application being made as a primary application to the High Court of Australia.
It would therefore appear that the Parliament considered that there may well be applications under the Act which should properly be heard at first instance by a court constituted of persons, considered by those appointing them, to have higher qualifications than those, such as myself, sitting in this court. As the Minister neither opposes nor consents to the application the matter is left entirely to me. I can see that the arguments to be put by Mr Ower may well be complex and I am aware of the very heavy burden placed upon the Federal Magistrates Court by the imposition of jurisdiction under the Act.
The Federal Court does, of course, have power to re-remit the matter back to this court so I propose to consent to Mr Ower's application and allow him to argue the matter before the Federal Court. Should that Court decide that it is not an appropriate matter or it may not be an appropriate matter for it to hear, no doubt it will be remitted.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
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