Mohamed v Minister for Immigration & Multicultural Affairs [2002] FCA 4

FEDERAL COURT OF AUSTRALIA

Mohamed v Minister for Immigration & Multicultural Affairs [2002] FCA 4

MIGRATION – protection visa – review of decision of Refugee Review Tribunal ("Tribunal") – child of applicant not included in application – whether rights of child required to be considered in determining application – whether Convention on the Rights of the Child gives rise to justiciable controversy – legitimate expectations of child of applicant – no reviewable error demonstrated Migration Act 1958 (Cth) ss 36(2), 476(2) Dietrich v The Queen (1992) 177 CLR 292 referred to Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Victoria v Commonwealth (1996) 187 CLR 416 referred to Re East; Ex parte Quoc Phu Nguyen (1998) 159 ALR 108 referred to Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 followed Minogue v Williams [2000] FCA 125 followed Tuitupou v Minister for Immigration & Multicultural Affairs [2000] FCA 197 followed Sikahele v Minister for Immigration & Multicultural Affairs [1998] FCA 1453 referred to MAHROUSSA MOHAMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1295 of 2001 STONE J 22 JANUARY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1295 OF 2001

BETWEEN: MAHROUSSA MOHAMED

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 22 JANUARY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's 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 1295 OF 2001

BETWEEN: MAHROUSSA MOHAMED