NACW of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 253

FEDERAL COURT OF AUSTRALIA

NACW of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 253

MIGRATION – appeal – where conceded error of construction by primary judge because of subsequent decision of High Court – whether primary judge's orders should be set aside and the proceedings be remitted NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 123 FCR 298 cited NABH v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 19 followed Plaintiff S 157/2002 v Commonwealth (2003) 195 ALR 24 discussed Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S 134/2002 (2003) 195 ALR 1 followed Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Lam (2003) 77 ALJR 699 referred to SBBG v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 281 referred to SDAV v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 43 referred to NACW OF 2002, NACX OF 2002, NACY OF 2002, NACZ OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1298 OF 2002 SPENDER, HELY & BENNETT JJ 11 NOVEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1298 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NACW OF 2002

FIRST APPELLANT

NACX OF 2002

SECOND APPELLANT

NACY OF 2002

THIRD APPELLANT

NACZ OF 2002

FOURTH APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SPENDER, HELY & BENNETT JJ

DATE OF ORDER: 11 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal of NACW of 2002, NACY of 2002 and NACZ of 2002 is upheld. 2. The orders made by the primary judge on 19 November 2002 are set aside insofar as they relate to the application made by those appellants. 3. The proceedings insofar as they relate to those appellants be remitted to the primary judge for further hearing and determination. 4. The appeal of NACX of 2002 is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.