NAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 1

FEDERAL COURT OF AUSTRALIA

NAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 1 MIGRATION – appeal from a decision of a single judge affirming a decision of the Refugee Review Tribunal where there was a substantial delay between the first hearing and the decision of the Refugee Review Tribunal – whether delay in and of itself between the hearing and the decision of the Tribunal amounts to a denial of natural justice – whether prejudice to the applicants can be inferred Migration Act 1958 (Cth), s 420 Judiciary Act 1903 (Cth), s 39B

Cobham v Frett [2001] 1 WLR 1775, referred to Fox v Percy (2003) 1997 ALR 201, applied Craig v South Australia (1995) 184 CLR 163, applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611, referred to Re Minister for Immigration & Multicultural Affairs; ex parte Lam (2003) 195 ALR 502, applied Application of New York, Susquehanna and Western Railroad Company 25 NJ 343, 136 A2d 408 (1957), referred to Holloway Sand & Gravel Company Inc v Department of Treasury 152 Mich App 823, 393 NW2d 921 (1986), referred to Gregerson v Board of Review of the Industrial Commission of Utah 841 P2d 720 (1992), referred to Helfand v Division of Housing and Community Renewal 182 Misc 2d 1, 696 NYS2d 630 (1999), referred to Harris v District of Columbia Commission on Human Rights 562 A2d 625 (1989), referred to Master Craft Engineering Inc v Department of Treasury 141 Mich App 56, 366 NW 2d 235 (1985), referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601, referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2, (2003) 195 ALR 24, referred to NAAG of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713; (2002) 195 ALR 207, referred to NAIS, NAIT AND NAIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 546 OF 2003 HILL, MARSHALL AND FINKELSTEIN JJ 11 FEBRUARY 2004 SYDNEY