Applicant NALU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 31

FEDERAL COURT OF AUSTRALIA

Applicant NALU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 31 MIGRATION – appeal – judicial review sought of primary judge's decision to uphold Refugee Review Tribunal's decision to affirm refusal of protection visa application – whether primary judge erred in not finding actual bias, jurisdictional error or breach of procedural fairness in the decision of the Refugee Review Tribunal.

Migration Act 1958 (Cth)

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449, referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24, applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, referred to APPLICANT NALU of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 992 of 2002 HILL, GOLDBERG & CONTI JJ 5 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 992 of 2002

ON APPEAL FROM A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT NALU of 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: HILL, GOLDBERG & CONTI JJ

DATE OF ORDER: 5 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of and incidental to 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 992 of 2002

ON APPEAL FROM A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT NALU of 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS