NABL v Minister for Immigration and Multicultural Affairs FCA [2002] 102

FEDERAL COURT OF AUSTRALIA

NABL v Minister for Immigration and Multicultural Affairs FCA [2002] 102 MIGRATION – bridging visa – application for review of decision of Migration Review Tribunal – Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) – privative clause decision – construction of cl 050.21 of Migration Regulations – application dismissed. Migration Act 1958 (Cth) ss 91X, 474, 476 Federal Court of Australia Act 1976 (Cth) s 50 Migration Legislation Amendment (Judicial Review) Bill 2001 (Cth) Judiciary Act 1903 (Cth) s 39B Federal Court Rules Order 43 Rule 1 Migration Amendment (Judicial Review) Act 2001 (Cth) Migration Regulations 1994 (Cth) Part 050 of Schedule 2, clauses 050.21, 050.22, subregulation 1.12 Family Law Rules Order 15 Rule 11 Federated Engine Drivers' and Fireman's Association of Australasia v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398 applied Khatri v Price (1999) 95 FCR 287 applied R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 referred to R v Murray; Ex parte Proctor (1949) 77 CLR 387 referred to VBA v Minister for Immigration and Multicultural Affairs [2001] FCA 1797 referred to VAZ v Minister for Immigration and Multicultural Affairs [2001] FCA 1805 referred to Walton v Philip Ruddock, Minister for Immigration and Multicultural Affairs [2001] FCA 1839 referred to Geilinger v Gibbs [1897] 1 Ch 479 referred to Fernee v Gorlitz [1915] 1 Ch 177 referred to X v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 524 referred to R v Danaher; Ex parte Olzer Industries Pty Ltd [1969] VR 445 referred to Dey v Victorian Railway Commissioners (1949) 78 CLR 62 referred to Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294 referred to

NABL and Others v Minister for Immigration and Multicultural Affairs No N1514 of 2001 ALLSOP J 15 FEBRUARY 2002 SYDNEY