HIGH COURT AND FEDERAL COURT - challenge to jurisdiction - whether Federal Court has original jurisdiction to hear challenge to non-privative clause decision as defined in s 474(6) of the Migration Act 1958 (Cth) where decision alleged to involve jurisdictional error - whether such decision is "migration decision" in original jurisdiction of Federal Circuit Court under s 476(1) and excluded from Federal Court jurisdiction by s 476A(1) - original jurisdiction of Federal Court under s 39B(1) and (1A)(c) of the Judiciary Act 1903 (Cth) and s 19(1) of the Federal Court of Australia Act 1976 (Cth) - whether s 476A of the Migration Act excludes Federal Court's original jurisdiction in respect of matter seeking relief in relation to a "migration decision" alleged to involve jurisdictional error - whether jurisdictional fact must be capable of ascertainment before final hearing
STATUTORY INTERPRETATION - Migration Act 1958 (Cth) - meaning of "decision" within s 474 - whether textual construction of "decision" differs within s 474(2) as well as with s 474(4) - whether "decision" in s 474(4) means decision made under the Act as construed in Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 - use of extrinsic materials in statutory construction
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