Ullah v Minister for Immigration & Multicultural Affairs [2000] FCA 1321

FEDERAL COURT OF AUSTRALIA

Ullah v Minister for Immigration & Multicultural Affairs [2000] FCA 1321 MIGRATION – jurisdiction of the Refugee Review Tribunal ("the RRT") - whether the RRT has jurisdiction to review a decision of the Minister – where the application for a protection visa before the Minister was invalid

Migration Act 1958 (Cth) ss 46, 47, 65, 69, 415 and 476(1)(e) Migration Regulations

Yilmaz v Minister for Immigration & Multicultural Affairs [2000] FCA 906 followed Minister for Immigration & Multicultural Affairs v "A" (1999) 168 ALR 594 not followed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 followed Phanouvong v Minister for Immigration & Multicultural Affairs [1999] FCA 1489 cited Collector of Customs NSW v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 followed Calvin v Carr (1979) 22 ALR 417 followed Secretary, Department of Social Security v Alvaro (1994) 50 FCR 213 cited Twist v Council of the Municipality of Randwick (1976) 136 CLR 106 cited HABIB ULLAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1387 OF 1999 TAMBERLIN J SYDNEY 15 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1387 OF 1999

BETWEEN: HABIB ULLAH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1387 OF 1999

BETWEEN: HABIB ULLAH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT