Applicant N - 106 of 2000 v Minister for Immigration & Multicultural Affairs [2000] FCA 866

FEDERAL COURT OF AUSTRALIA

Applicant N-106 of 2000 v Minister for Immigration & Multicultural Affairs [2000] FCA 866 MIGRATION - application to review decision of Refugee Review Tribunal - whether failure of Secretary to comply with s 418(3) of the Migration Act 1958 (Cth) - whether failure to give Registrar a document or part of a document held by the Secretary that was considered to be relevant to review - whether failure by Tribunal to observe a procedure required by the Act to be observed in connection with the making of the decision - whether alleged failure of the Secretary meant that Tribunal lacked jurisdiction to determine review. Migration Act 1958 (Cth) ss 36(2), 418, 425(1), 425(2)(a), 476(1)(a), 476(1)(b), 476(1)(c), 476(1)(e) Migration Legislation Amendment Act (No 1) 1998 (Cth) Sch 3 (Pt 2) cl 20 Federal Court Rules O 16 r 1 Herijanto v Refugee Review Tribunal (2000) 170 ALR 379 discussed Chan v Minister for Immigration and Ethnic Affairs (1983) 49 ALR 593 applied Hughes v Western Australian Cricket Association( Inc) (1986) ATPR 40-726 applied WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559 referred to Jones v Dunkel (1959) 101 CLR 298 applied Minister for Immigration and Multicultural Affairs v Abebe (1999) 162 ALR 1 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Craig v State of South Australia (1995) 184 CLR 163 referred to Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297 referred to APPLICANT N-106 OF 2000 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 106 OF 2000 MANSFIELD J 29 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 106 OF 2000

BETWEEN: APPLICANT N-106 OF 2000

APPLICANT

AND: MINISTER FOR IMMIGRATION AND