Ragogo v Minister for Immigration & Ethnic Affairs [1995] FCA 740

CATCHWORDS IMMIGRATION - Judicial review of decision of Immigration Review Tribunal - Tribunal decided it had no jurisdiction to hear application for review - Jurisdiction depended on whether illegal entrant had been lawfully arrested - lawfulness of arrest - arrest for purpose not provided for in Migration Act 1958. EVIDENCE - Whether evidence not before Tribunal should be admitted in judicial review proceedings. Migration Act 1958 (Cth) s92 Migration (Review) Regulations reg 9 Ruangrong v Minister for Immigration and Ethnic Affairs (1988) 14 ALD 773 Attorney General (NT) v Hand (1988) 16 ALD 318 Attorney General for the Northern Territory v Minister for Aboriginal Affairs (1989) 23 FCR 536. Committee of Direction of Fruit Marketing v Australian Postal Commission (Delegate of) (1978) 25 ALR 221 Park Oh Ho v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 104 Akers v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 363 Minister for Immigration, Local Government and Ethnic Affairs v The Immigration Review Tribunal (1993) 41 FCR 71 No. NG 719 of 1994 RAGOGO -v- MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

MOORE J SYDNEY 18 September 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 719 of 1994 ) GENERAL DIVISION ) BETWEEN: SALIMA RAGOGO Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent THE IMMIGRATION REVIEW TRIBUNAL Second Respondent JUDGE: Moore J PLACE: Sydney DATE: 18 September 1995 ORDER OF THE COURT THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal of 8 April 1994 that it had no jurisdiction to hear and determine the application for review is set aside. 2. The first respondent pay the applicants' costs. 3. Liberty to apply. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.