Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NASF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 39 MIGRATION - appeal - primary judge dismissed application for judicial review of Refugee Review Tribunal´s decision affirming refusal of protection visa application – denial of procedural fairness alleged – allegations of bias against the Tribunal raised for the first time at appeal stage – where bias allegations unsubstantiated.
Migration Act 1958 (Cth)
NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 referred to S157/2002 v Commonwealth [2003] HCA 2 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to NASF OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1115 OF 2002 MOORE, TAMBERLIN & HELY JJ SYDNEY 11 MARCH 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1115 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NASF OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MOORE, TAMBERLIN & HELY JJ
DATE OF ORDER: 11 MARCH 2003
WHERE MADE: SYDNEY
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
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1115 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NASF OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MOORE, TAMBERLIN & HELY JJ
DATE OF ORDER: 11 MARCH 2003
WHERE MADE: SYDNEY
REASONS FOR JUDGMENT
THE COURT:
Introduction 1 This is an appeal from a judgment of a judge of this Court given on 4 October 2002. The primary judge dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") to refuse to grant the appellant, his wife, and his child protection visas under the Migration Act 1958 (Cth) ("the Act").
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