FJE20 v Minister for Home Affairs [2022] FCAFC 45 (24 March 2022) (Allsop CJ, Mortimer and SC Derrington JJ)


Catchwords:


MIGRATION – application for an extension of time and leave to appeal from a decision of Federal Circuit Court of Australia (FCC) – primary judge held the FCC did not have jurisdiction under s 476 of the Migration Act 1958 (Cth) – where applicant an unlawful non-citizen brought to Australia for temporary purpose – applicant formerly in immigration detention in Australia but currently holds a bridging visa – applicant seeks declaratory relief concerning former detention in Australia with respect to ss 198AD and 198AH of the Migration Act and brings related claim for common law damages in negligence – whether declaratory relief sought “in relation to” a migration decision: s 476 – declaratory relief is properly characterised as “direct judicial review” of a migration decision – whether declaratory relief hypothetical or inutile and therefore does not give rise to a “matter” under s 75(v) of the Constitution – appeal allowed