Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
V120/00A v Minister for Immigration & Multicultural Affairs [2002] FCA 264
MIGRATION – application for a protection visa – jurisdictional error – whether Refugee Review Tribunal's reasons disclosed reviewable error – deceased made specific claim under the Convention – family members' claim dependent on deceased's claim – effect of deceased's death upon application for review by the Refugee Review Tribunal
Migration Act 1958 (Cth), ss 415, 417, 430, 476 Migration Regulations 1994, Schedule 1, Item 1126, Schedule 2, cl 866.21
Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 cited Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Craig v State of South Australia (1995) 184 CLR 163 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Kumar v Minister for Immigration and Multicultural Affairs [1999] FCA 156 cited Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 applied Re Minister for Immigration and Multicultural Affairs; Ex Parte Durairajasingham (2000) 168 ALR 407 followed Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Abebe v Commonwealth (1999) 197 CLR 510 cited Stephenson v Human Rights and Equal Opportunity Commission (1996) 68 FCR 290 applied Managing Director, New South Wales Technical and Further Education Commission v Fines (1993) 32 NSWLR 385 followed Kalejs v Minister for Justice and Customs [2001] FCA 1769 referred Re Andreatta and Commissioner for Superannuation (1991) 23 ALD 326 approved Minister for Immigration & Multicultural Affairs v A (1999) 91 FCR 435 cited Yilmaz v Minister for Immigration & Multicultural Affairs (2000) 100 FCR 495 cited Minister for Immigration & Multicultural Affairs v Li (2000) 178 ALR 523 cited Sevim v Minister for Immigration & Multicultural Affairs [2001] FCA 1597 cited V120/00A & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR V 120 of 2000 KENNY J 15 MARCH 2002 MELBOURNE
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