Direction 79: cl 14.4(1) to be interpreted literally?

Federal Court (Full Court). Do the same principles of statutory interpretation apply to the interpretation of a Ministerial direction? Should cl 14.4(1) of Direction No 79 be interpreted literally? Was it for the Tribunal to come to its own view as to the materiality of its own errors?

LPP attached to legal advice covered by s 438 certificate?

Federal Court. DoesWaterford apply to legal advice sought to be covered by a s 438 certificate? Does s 418 expressly or by necessary implication abrogate legal professional privilege (LPP)? Did s 418(3) require the Secretary to provide to the Tribunal documents attracting legal professional privilege? Should a waiver of LPP be imputed to the Minister here? Was the fact that the Secretary considered the documents containing legal advice relevant to the review determinative of the question whether they were relevant pursuant to s 418(3)?

s 501CA(4): briefs given to Minister

Federal Court. In order for the Minister to personally made a decision under s 501CA(4), must he be "briefed with an accurate and sufficient summary of the matters raised by the representations or ... undertake the consideration of the representations personally"? Can it be inferred from the form of the reasons (i.e. circling 1 of 3 options) that they were the means by which the Minister was briefed, with the result that "the matters that are known to the Minister are only those matters expressed in the reasons"?

Abandonment of claim: a question of fact?

Federal Court. The Appellants made invalid protection visa applications and then validly applied for visas subclass 785. Is the question of whether the Appellants abandoned a claim for the purpose of the valid visa applications a matter of fact? Did they abandon that claim? Was MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948 analogous to the facts of the present case?

Does FCA have jurisdiction to grant mandamus for performance of s 198(1)?

Federal Court (FCA). Can a court grant mandamus by way of interlocutory relief? Does the FCA have jurisdiction or power to grant mandamus compelling...

s 46(2) of the AAT Act constitutionally valid?

Federal Court (Full Court). Is s 46(2) of the Administrative Appeals Tribunal Act 1975 (Cth) which, among other things, requires courts to "do all things necessary to ensure that the matter [the subject of a certificate under s 39B(2)] is not disclosed to any person other than a member of the court as constituted for the purposes of the [judicial review] proceeding" brought under s 44, constitutionally valid?

Did AAT have power to determine legality of Minister’s decision?

Federal Court (Full Court). Did the Tribunal have the power, in reviewing a refusal to grant the Respondent a SHEV, to determine whether the Minister had made a jurisdictional error in granting him a temporary safe haven visa under s 195A? Is it an implied condition that the state of mind called for by s 195A, namely that the Minister thinks that it is in the public interest to grant the visa, be formed on the basis of a correct understanding of the law?

s 23 of FCA Act: power or jurisdiction?

Federal Court (FCA). Is s 23 of the Federal Court of Australia Act 1976 (Cth) a conferral of power, not jurisdiction? Does the FCA have the power to grant an injunction in an appropriate case in aid of a statutory right?

AAT limited to power exercised by MARA?

Federal Court.The OMARA cancelled the Respondent's registration as a migration agent under s 303(1)(a) of the Migration Act 1958 (Cth). The Respondent then sought review by the Tribunal, pursuant to s 306. Did the Tribunal have power under s 311A to bar the Respondent from being a registered migration agent, in circumstances where the decision under review had been made under s 303(1)(a)?

s 473DC: is translation “new information”?

Federal Court. When a single judge of the FCA disagrees with previous decisions of single judges of the FCA, is the question whether those previous decisions should be followed out of comity, rather than whether they are "plainly wrong"? Is a translation provided to the IAA, but not to a delegate, of a document that was before the delegate "new information" for the purpose of s 473DC of the Migration Act 1958 (Cth)?

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