NAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 76

FEDERAL COURT OF AUSTRALIA NAAP v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCAFC 76 MIGRATION – protection visa – decision of Refugee Review Tribunal – whether Tribunal failed to exercise jurisdiction – whether "jurisdictional unreasonableness" – whether poor decision-making can demonstrate a lack of bona fides – whether a single erroneous finding of fact can constitute jurisdictional error Migration Act 1958 (Cth) s 474 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 (2003) 195 ALR 1 – referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 195 ALR 24 – referred to Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 144 – cited R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 at 615 – referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 – cited NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 – cited Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21 (1999) 197 CLR 611 at [127] – [156] – considered NAAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 354 at [27] – followed NAAP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 715 of 2002 GRAY, MOORE AND WEINBERG JJ 24 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 715 of 2002

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

BETWEEN: NAAP

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: GRAY, MOORE AND WEINBERG JJ

DATE OF ORDER: 24 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.