NACN of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 299

FEDERAL COURT OF AUSTRALIA

NACN of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 299 MIGRATION – Whether application for a visa invalid because of non-compliance with s 48 of the Migration Act 1968 (Cth).

Judiciary Act 1903 (Cth), ss 39B, 78B Administrative Decisions (Judicial Review) Act 1977 (Cth), s 3(1) Migration Act 1958 (Cth), ss 46, 47, 48, 474, 476 Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules ("FCR"), O 20 r 2 Migration Regulations 1994 (Cth), reg 2.12, cl 832.211 R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, cited. Little v State of Victoria [1998] 4 VR 596, cited. Wickstead v Browne (1992) 30 NSWLR 1, cited. Armit Lal Narain v Parnell (1986) 9 FCR 479, cited. Australian Competition and Consumer Commission v G G Berbatis Holdings Pty Ltd (1999) 167 ALR 303, cited. APPLICANT NACN of 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 397 of 2002 APPLICANT NACO of 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 390 of 2002 SACKVILLE, ALLSOP & JACOBSON JJ SYDNEY 26 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 397 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT NACN of 2001

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SACKVILLE, ALLSOP & JACOBSON JJ

DATE OF ORDER: 26 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of appeal be treated as an application for leave to appeal. 2. The application for leave to appeal be dismissed. 3. The appellant pay the Minister's costs of the purported appeal and the application for leave to appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.