Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NADR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 293
MIGRATION - privative clause decision - refusal of protection visa by Refugee Review Tribunal - affirmed on application to primary Judge - whether denial of procedural fairness - whether appellant misled into believing Tribunal had read documents to which the original decision maker had referred - interpretation of s 474 Migration Act 1958 (Cth) according to Hickman principles - whether excludes procedural fairness - whether Tribunal's procedure shows lack of good faith STATUTORY INTERPRETATION - interpretation of privative clauses EVIDENCE - reliance on decision based on agreed facts - whether court should infer that appellant misled by communication of Tribunal - whether any evidence to permit a finding of bad faith PROCEDURE - whether leave to appeal - whether leave ought to be granted to add the further ground of failure to act in good faith Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474(1) Muin v Refugee Review Tribunal [2002] HCA 30 distinguished NAAV v Minister for Immigration and Multicultural Affairs [2002] FCAFC 228 applied R v Hickman; Ex parte Fox v Clinton (1945) 70 CLR 598 cited
NADR OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N272 of 2002
SPENDER, MOORE, KIEFEL JJ
18 SEPTEMBER 2002
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N272 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NADR OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: SPENDER, MOORE, KIEFEL JJ
DATE OF ORDER: 18 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave to further amend the notice of appeal be refused. 2. The appeal be dismissed. 3. The appellant pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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