Xia v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, Xia, sought judicial review of a decision made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on whether the Federal Circuit Court possessed jurisdiction to hear the amended application for review, given that the applicant was not physically within the migration zone at the time of the delegate's decision or when the review application was lodged with the Administrative Appeals Tribunal.

The core legal issue before the Federal Circuit Court was whether it had jurisdiction to entertain the amended application for review. This question hinged on the interpretation of provisions within the *Migration Act 1958* (Cth) concerning the jurisdiction of courts to review migration decisions, particularly when the applicant is outside the migration zone and the Administrative Appeals Tribunal may lack jurisdiction.

The Court considered the decision in *Gajjar v Minister for Immigration and Citizenship*, which addressed similar jurisdictional questions. The reasoning in *Gajjar* established that the Federal Magistrates Court (and by extension, the Federal Circuit Court in its original jurisdiction concerning migration matters) does not have jurisdiction under section 476 of the *Migration Act* if the decision in question is not "reviewable" in the sense that the applicant could have sought review from the relevant tribunal. The Court found that the applicant's failure to be physically within the migration zone at the relevant times meant the Administrative Appeals Tribunal lacked jurisdiction, and consequently, the Federal Circuit Court did not have jurisdiction to hear the matter.

The amended application for review was dismissed for want of jurisdiction. The applicants were ordered to pay the First Respondent's costs.