NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 235

FEDERAL COURT OF AUSTRALIA

NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 235 MIGRATION – refugees – protection visa – credibility – Refugee Review Tribunal – illogical reasoning – error of law – jurisdictional error – "want of logic" in Tribunal decision – whether irrational or illogical reasoning a ground of review – earlier Full Court decisions – precedent – no ground of review made out – appeal dismissed NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 165 cited Immigration and Multicultural Affairs, Minister for v Epeabaka (1999) 84 FCR 411 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Immigration and Multicultural Affairs, Minister for v Anthonypillai (2001) 106 FCR 426 cited Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 424 discussed WADE of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 214 cited NAMM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 32 cited Appellant S106/2002 v Minister for Immigration and Multicultural Affairs (2003) 198 ALR 59 discussed NACB AND NACC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 402 OF 2003 TAMBERLIN, EMMETT AND WEINBERG JJ 31 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 402 of 2003

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

BETWEEN: NACB

FIRST APPELLANT

NACC

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: TAMBERLIN, EMMETT AND WEINBERG JJ

DATE OF ORDER: 31 OCTOBER 2003

WHERE MADE: SYDNEY

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