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)?

Member of the Australian community?

Federal Court. Minister found that child pornography offences for which Applicant was convicted were "offences against vulnerable member of the community". Was the Minister referring to members of the Australian community, despite the fact the location of the children involved was unknown? When deciding under s 501CA(4) whether to revoke the mandatory cancellation of a visa, was Minister required to consider that Applicant also held at the same time another visa that would be cancelled by operation of s 501F(3)?

Can country information include “personal information?

Federal Court. Can it be said that "information about conditions in a specific country (usually called “country information”) may include information about an identified or reasonably identifiable individual" and therefore that country information may include "personal information" for the purposes of the Migration Act 1958 (Cth)?

Required to assess protection claim in the absence of protection application?

Federal Court. Was the Applicant "entitled to have his claims for protection in respect of Nauru determined and, if found to be well founded, not to be refouled to Nauru", in light of the omission in s 197C of the Migration Act 1958 (Cth) to a reference to s 198AD, despite the Minister's power to take him to Nauru pursuant to s 198AD and despite the fact that the Migration Act does not provide a statutory mechanism to determine such a claim?

s 198AH(1A)(c): jurisdictional facts; should purpose be specific?

Federal Court (Full Court). Does s 198AH(1A) create jurisdictional facts, in the sense of facts that a court can and should determine for itself? In determining pursuant to s 198AH(1A)(c) whether a transitory person "no longer needs to be in Australia for the temporary purpose", should the temporary purpose merely reflect the statutory language of the now repealed s 198C, namely being brought to Australia for "the temporary purpose of medical or psychiatric assessment or treatment", or should the purpose be more specifically identified?

FCCA application deemed filed earlier than date accepted for filing?

Federal Court (Full Court). Was the standard of protection in s 36(2B)(b) "satisfied by a conclusion that the State authority in question operates an effective legal system for the detection, prosecution and punishment of acts constituting serious harm", regardless of the circumstances of the individual non-citizen? The Applicant sent the FCCA a time extension application on 2 July 2019, but was only accepted for filing by the Registry on 1 August 2019? Was the application nevertheless deemed to have been filed on 2 July 2019?

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