Can FCFCOA determine false imprisonment claim?

Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:

Question 1: Does the statutory concept of a “migration decision” which appears in s 476 of the Migration Act 1958 (Cth) have a very broad meaning?

Question 2: Does the concept of a “migration decision” which appears in s 476 extend to "making a decision to detain a person in immigration detention, as well as to the acts of detaining a person and refusing to release a person"?

Question 3: Section 131(1)(a)(i) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (FCFCOA Act) stated that the FCFCOA has such original jurisdiction as is vested in it by laws made by the Parliament by express provision. Was s 476(1) of the Migration Act 1958 (Cth) one such express provision?

Question 4: Can it be said that, "once the FCFCOA has jurisdiction in respect of a case, it should be able to determine the whole of the “matter” before it, as well as any “associated” matters"?

Question 5: If the answer to Question 4 is 'yes', is the evident intent "to ensure that the FCFCOA is able to consider and determine, in a single proceeding, any issues joined between the parties which arise out of common facts, whether or not those issues all form part of a single “matter”, and that it is able to grant such legally available remedies as are appropriate to the resolution of those issues"?

Question 6: Does s 476(1) of the Migration Act confer on the FCFCOA jurisdiction to hear and determine all matters arising out of common facts, such as a claim for damages for false imprisonment, in which a writ of mandamus or an injunction is sought against an officer of the Commonwealth in relation to a migration decision?

Question 7: Is it "quite inappropriate to read provisions conferring jurisdiction or granting powers to a court by making implications or imposing limitations which are not found in the express words"?

Question 8: Should the phrase “in relation to migration decisions”, as used in s 476(1) of the Migration Act, "be understood as having a meaning that is consistent with the construction given to the same expression (and the cognate expression “in relation to a migration decision”), as used in other provisions of Division 2 of Part 8"?

Question 9: Is the purpose of s 476A(1) to "exclude from the jurisdiction of the Federal Court the direct judicial review of migration decisions, except where a proceeding has been transferred from the FCFCOA (as contemplated by s 476(1)(a)), or where the migration decision is a decision of one of the kinds referred to in s 476(1)(b), (c) or (d)"?

Question 10: Should provisions that confine or remove the jurisdiction of courts be strictly construed?

The FCAFC answered those questions as follows: