NACL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 387

FEDERAL COURT OF AUSTRALIA

NACL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 387 MIGRATION – allegation of lack of bona fides against member of Refugee Review Tribunal – whether allegation made out. MIGRATION – Section 424A of the Migration Act 1958 (Cth) – no need to provide information not specifically about applicant or another person but just about a class of persons. MIGRATION – whether Refugee Review Tribunal contravened common law rules of procedural fairness. MIGRATION – privative clause – s 474(1) of the Migration Act 1958 (Cth) – whether privative clause validates a decision affected by breach of s 424A of the Migration Act 1958 (Cth) and denial of procedural fairness. Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 424A, 474 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, followed Jia v Minister for Immigration & Multicultural Affairs [2000] FCA 1633, cited Jia v Minister for Immigration & Multicultural Affairs (2001) 205 CLR 507, followed Kordan Pty Ltd v Federal Commissioner of Taxation (2000) ATC 4812, cited Daihatsu Australia Pty Ltd v Federal Commissioner of Taxation (2001) ATC 4268, cited SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668, cited Tharairasa v Minister for Immigration & Multicultural & Indigenous Affairs (2000) 98 FCR 281, cited Wu v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1242, followed Re Minister for Immigration & Multicultural Affairs; Ex parte "A" (2001) 185 ALR 489, followed APPELLANT NACL OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 477 of 2002 SACKVILLE, ALLSOP & JACOBSON JJ 2 DECEMBER 2002 SYDNEY