NABC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 317

FEDERAL COURT OF AUSTRALIA

NABC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 317 MIGRATION – procedural unfairness – belief that delegates Part B documents had been sent to the RRT. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 FAI Insurances Limited v Winneke (1982) 151 CLR 342 referred to Kioa v West (1985) 159 CLR 550 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 discussed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 123 FCR 298 cited National Companies and Securities Commission v News Corporation Limited (1984) 156 CLR 296 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546 referred to R v MacKellar; Ex parte Ratu (1977) 137 CLR 461 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 discussed Salemi v MacKellar [No 2] (1977) 137 CLR 396 referred to NABC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 147 of 2003 RYAN, FINKELSTEIN & ALLSOP JJ 24 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 147 of 2003

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

BETWEEN: NABC

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: RYAN, FINKELSTEIN & ALLSOP JJ

DATE OF ORDER: 24 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the Court made on 3 February 2003 be set aside, and in lieu thereof it be ordered that: (a) a writ of certiorari issue to quash the decision of the Refugee Review Tribunal made on 21 September 2001 and handed down on 16 October 2001 in respect of the applicants; (b) an order that the respondent refrain from taking any step to act on the said decision; (c) a writ of mandamus issue requiring the respondent to cause the Tribunal to determine the application of the applicants according to law; and (d) the respondent pay the applicants' costs. 3. The respondent pay the appellants' costs of 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