The Federal Court confirmed that an application seeking mandatory injunction, mandamus, and declaratory relief directed at a delegate's decision to refuse a visa under s 501(1) of the Migration Act constitutes an application 'in relation to a migration decision' within s 476A(1), and the Court therefore lacks original jurisdiction where none of the sub-paragraphs (a)-(d) of s 476A(1) are engaged. The Court rejected the applicant's attempt to recharacterise what was substantively judicial review of a migration decision as a tort claim or as falling outside s 476A(1), and confirmed that s 21 of the Federal Court of Australia Act confers power but not jurisdiction.
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