NABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294

FEDERAL COURT OF AUSTRALIA

NABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294 MIGRATION – application for judicial review – application purported to be made under repealed provisions of Migration Act 1958 (Cth) – application referred to repealed grounds of review – whether application invoked jurisdiction of Court under s 39B(1) of Judiciary Act 1903 (Cth) –matter of substance rather than form whether application invoked jurisdiction of Court MIGRATION – privative clause decision – Refugee Review Tribunal failed to address applicant's fear of persecution by reason of imputed political opinion – whether Refugee Review Tribunal committed jurisdictional error – whether decision of Refugee Review Tribunal insulated from jurisdictional error by s 474(1) of Migration Act 1958 (Cth) – whether Refugee Review Tribunal's failure to address correct question infringed inviolable condition, jurisdictional factor or structural element of Migration Act 1958 (Cth) Migration Act 1958 (Cth), s 474 and s 477 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Judiciary Act 1903 (Cth), s 39B(1) R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, referred to Yong v Minister for Immigration & Multicultural Affairs (1997) 75 FCR 155, referred to NACA v Minister for Immigration and Multicultural Affairs [2002] FCA 63, disapproved NABO v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 707, disapproved NABW v Minister for Immigration and Multicultural Affairs [2002] FCA 464, referred to Singh v Minister for Immigration & Multicultural Affairs [2002] FCA 502, referred to Rishmawi v Minister for Immigration & Multicultural Affairs [1999] FCA 611, referred to Liu v Minister for Immigration and Multicultural Affairs (1997) 72 FCR 345, referred to Wickremasinghe v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 125, referred to NAAV v Minister for Immigration and Multicultural Affairs [2002] FCAFC 228, followed Craig v South Australia (1995) 184 CLR 163, referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1108, approved