Xie v Immigration Department

The case of Xie v Immigration Department involved a dispute between the applicant, a Chinese citizen, and the Immigration Department regarding the applicant's status and entitlement to remain in Australia. The applicant, who was previously a seaman for the China Ocean Going Shipping Company, deserted his vessel in Australia in 1985, thereby becoming a "prohibited non-citizen" under the Migration Act 1958 (Cth). Following this, a deportation order was made against him in 1988. The applicant's status changed to that of an "illegal entrant" under the Migration Legislation Amendment Act (No 59 of 1989). The primary legal issues before the court were whether the Federal Court had jurisdiction to hear the applicant's underlying application and whether a reasonable cause of action was disclosed.

The court considered the procedural aspect of the respondent's late filing of the motion and affidavit, despite the respondent's explanation that additional time was needed to obtain and review old files pertaining to the applicant's immigration history. The court granted an extension of time for filing the motion and affidavit, considering the applicant's consent, his unrepresented status, the complexity of the immigration history, and the importance of fully exploring the applicant's entitlement to remain in Australia. The court also evaluated the jurisdictional and substantive merits of the application, ultimately determining that no reasonable cause of action was disclosed.

The court dismissed both the respondent's and the applicant's motions, finding that the Federal Court lacked jurisdiction to hear the matter. The court reserved costs in each motion, indicating that further consideration was needed regarding the allocation of costs between the parties.