SZSSJ v Minister for Home Affairs

The applicant, SZSSJ, sought judicial review of decisions made by a delegate of the Minister for Home Affairs concerning the cancellation of a bridging visa and the refusal to grant a further bridging visa. The applicant also sought relief regarding his alleged unlawful detention by officers of the Department of Immigration and Citizenship. The matter came before Manousaridis J in the Federal Circuit Court of Australia.

The central legal issues before the Court were whether it possessed jurisdiction to determine the claims for relief. Specifically, the Court had to ascertain if the decisions to cancel the bridging visa and refuse the further bridging visa were "primary decisions" reviewable under Part 5 of the *Migration Act 1958* (Cth), thereby conferring jurisdiction under section 476(4) of the Act. Additionally, the Court considered whether it had jurisdiction to grant declarative relief concerning the applicant's asserted unlawful detention.

Manousaridis J reasoned that the decisions to cancel and refuse the bridging visas were not "primary decisions" as defined by section 476(4) of the *Migration Act 1958* (Cth). Consequently, the Federal Circuit Court lacked jurisdiction to review these migration decisions. Furthermore, the Court found that it did not have jurisdiction to grant the declarative relief sought in relation to the alleged unlawful detention.

The application was dismissed for want of jurisdiction.