SAAP of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 411

FEDERAL COURT OF AUSTRALIA

SAAP of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 411 MIGRATION – appeal from decision of single judge affirming decision of Refugee Review Tribunal to not grant protection visa - whether failure to comply with s 424A Migration Act 1958 (Cth) - whether compliance with s 424A essential precondition to valid exercise power - whether privative clause decision. Statutes Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 424A, 474, 129, 131, 368, 414, 412 Cases Awan v Minister for Immigration, Multicultural Affairs [2002] FCA 594 Cited Craig v South Australia (1995) 184 CLR 163 Cited Hashimi v Minister for Immigration & Multicultural Affairs [2002] FCA 988 Cited NAAV v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCAFC 228 Applied NACL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 387 Cited QAAD v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCA 1038 Cited R v Hickman; ex parte Fox & Clinton (1945) 70 CLR 598 Cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 577 Refd to SAAP of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs S 123 of 2002 HEEREY, MOORE & KIEFEL JJ BRISBANE (HEARD IN ADELAIDE) 11 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

ADELAIDE DISTRICT REGISTRY S123 OF 2002

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

BETWEEN: SAAP OF 2001

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: HEEREY, MOORE, KIEFEL JJ

DATE OF ORDER: 11 DECEMBER 2002

WHERE MADE: BRISBANE

(HEARD IN ADELAIDE)

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