MZXOT v Minister for Immigration and Citizenship

High Court – Original jurisdiction - Section 77(i) of Constitution gave the Parliament power to define jurisdiction of federal court other than High Court - Section 476(2)(a) of Migration Act 1958 (Cth) ("Migration Act") provided that Federal Magistrates Court ("FMC") had no jurisdiction in relation to "a primary decision" - Section 476B(2) of Migration Act provided that High Court must not remit matter relating to migration decision to FMC unless FMC had jurisdiction under s 476 - Decision of delegate of defendant to refuse application of plaintiff for protection visa "a primary decision" - Plaintiff applied for mandamus in original jurisdiction of High Court conferred by s 75(v) of Constitution, and also certiorari - Plaintiff sought to have application remitted to FMC - Whether High Court had implied power to remit matter commenced in original jurisdiction to FMC in absence of supporting law made by the Parliament - Whether ss 476 and 476B of Migration Act invalid to extent sections imposed barrier to remitter upon High Court - Whether FMC had authority to receive remitted application in absence of supporting law made by the Parliament - Whether implied constitutional power in High Court to remit, and in FMC or State court to receive, matter so as to protect constitutional jurisdiction of High Court - Whether necessity for implied power of remittal of matter demonstrated by facts in stated case and otherwise within judicial knowledge.

Constitutional law (Cth) – Courts - Jurisdiction - Whether jurisdiction to make orders of certiorari and mandamus against officer of Commonwealth "belonged to" State courts in absence of law made by the Parliament investing State courts with federal jurisdiction - Whether s 109 of Constitution operated with respect to ss 38 and 39(1) of Judiciary Act 1903 (Cth) to render State laws otherwise providing for jurisdiction of State courts inoperative - Whether heads of jurisdiction in ss 75 and 76 of Constitution identifying controversies unknown before federation could be said to "belong to" State jurisdiction.

High Court – Original jurisdiction - Whether there are limitations upon power of the Parliament under s 76(ii) of Constitution to burden exclusively High Court with original jurisdiction.

Words and phrases – "federal jurisdiction", "original jurisdiction", "remitter".

Constitution – ss 75(v), 76(ii), 77, 109.

High Court Rules 2004 – rr 4.02, 25.06.1, 25.07.2..

Judiciary Act 1903 (Cth) – ss 38, 39.

Migration Act 1958 (Cth) – ss 476, 476A, 476B, 484.