NAAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 354

FEDERAL COURT OF AUSTRALIA

NAAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 354 MIGRATION – protection visa – decision of Refugee Review Tribunal – "lack of reasonableness as to jurisdiction" – whether failure to be satisfied as to criteria can be judged by standard of reasonableness – whether tribunal's conclusions as to facts against all of evidence, or not based on probative material or logical reasoning Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 65(1), 91R(3), 474

NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 considered R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 59 at 615 referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 applied Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 at [127] – [156] discussed R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 referred to NAAH OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 535 of 2002 GRAY, MOORE AND WEINBERG JJ 15 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 535 of 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NAAH OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: GRAY, MOORE AND WEINBERG JJ

DATE OF ORDER: 15 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 535 of 2002