Minister for Immigration and Multicultural Affairs v Ozmanian

This appeal concerns the jurisdiction of the Federal Court to review decisions of the Minister for Immigration and Multicultural Affairs under the Migration Act 1958 (Cth). The appeal was brought by the Minister against a declaration made by the trial judge that the Minister had breached the rules of natural justice in connection with conduct engaged in for the purpose of making a decision under s 417 of the Migration Act in relation to the respondent, Mr Ozmanian. The trial judge had dismissed the respondent's application for review of the decision. The appeal raises issues of principle concerning the jurisdiction of the Court to review decisions and conduct under the Migration Act and the Administrative Decisions (Judiciary Review) Act 1977 (Cth). The Court found that the trial judge's declaration should not be granted and that the respondent's application for review should be dismissed. The Court held that s 485 of the Migration Act deprives the Court of jurisdiction to review conduct engaged in for the purpose of making a decision under s 417 of the Migration Act. The Court also held that the declaration made by the trial judge was of doubtful utility and did not suffice to justify the grant of declaratory relief.