NAGT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 319

FEDERAL COURT OF AUSTRALIA

NAGT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 319 MIGRATION – whether, independently of s 474(1) of the Migration Act 1958 (Cth), the Refugee Review Tribunal ("RRT") misconstrued the concept of a "well-founded fear of persecution" – whether RRT erroneously limited attention to the applicant's position in Bangladesh during the tenure of the current government. MIGRATION – privative clause – s 474(1) of the Migration Act 1958 (Cth) – whether RRT made a bona fide attempt to exercise its power notwithstanding an error of law. Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), ss 415, 416, 474(1) NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713, cited. NADO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 797, cited. Muin v Refugee Review Tribunal (2002) 190 ALR 601, distinguished. Chan v Minister for Immigration and Immigration and Ethnic Affairs (1989) 169 CLR 379, cited. Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, cited. NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, followed. NABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294, followed. Wu v Minister for Immigration & Multicultural Affairs [2002] FCA 1242, cited. Daihatsu Australia Pty Ltd v Federal Commissioner of Taxation (2001) 184 ALR 576, cited. NAGT of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 705 OF 2002 SACKVILLE, ALLSOP & JACOBSON JJ SYDNEY 23 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 705 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NAGT of 2002

APPELLANT