NAEB OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 25

FEDERAL COURT OF AUSTRALIA

NAEB OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 25 MIGRATION - construction of privative clause, s 474, in Migration Act 1958 (Cth). ADMINISTRATIVE LAW - whether apprehended bias constitutes breach of procedural fairness - whether breach of procedural fairness constitutes jurisdictional error. PRACTICE AND PROCEDURE - whether matter ought to be heard by Full Court or remitted to primary Judge - where issues raised require consideration of evidence - where issues raised require findings about tribunal proceedings. COSTS - whether costs ought to be appellants costs in the cause - where respondent did not resist appeal - where matter remitted to primary Judge.

Statutes Federal Court of Australia Act 1976 (Cth) s 28(1)(c) Migration Act 1958 (Cth)

Cases Allesch v Maunz (2000) 203 CLR 172 [2000] HCA 40 Cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Refd to Hot Holdings Pty Ltd v Creasy (2002) 193 ALR 90 [2002] HCA 51 Cited, Applied NAAV v Minister for Immigration, Multicultural and Indigenous Affairs (2002) 193 ALR 449; [2002] FCAFC 228 Refd to NADH of 2001 v Minister for Immigration, Multicultural & Indigenous Affairs [2003] FCAFC 19 Cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 [2001] HCA 28 Cited Applied Re Refugee Review Tribunal; Ex parte Aala (2000) 176 ALR 219, (2000) 204 CLR 82, [2000] HCA 57 Cited, Applied S157/2002 v Commonwealth of Australia (2003) 195 ALR 24, [2003] HCA 2 Cited Applied

NAEB OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1004 of 2002

KIEFEL, NORTH, ALLSOP JJ

SYDNEY

27 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1004 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: NAEB OF 2002