NABE v Minister for Immigration & Multicultural Affairs [2002] FCA 281

FEDERAL COURT OF AUSTRALIA

NABE v Minister for Immigration & Multicultural Affairs [2002] FCA 281 MIGRATION – whether Tribunal was in error – whether mistake in findings constituted an error – whether an error of law – effect of privative clause – jurisdictional error – operation of the Hickman principle – jurisdiction of the Federal Court – consideration of jurisdictional error at general law and in statute

Migration Act 1958 (Cth) ss 65, 474, 475A, 476, 477 and 478 Judiciary Act 1903 (Cth) s 39B Craig v South Australia (1995) 184 CLR 163 discussed Darling Casino Ltd v New South Wales Casino Control Authority (1997) 191 CLR 602 discussed Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 referred to Walton v Philip Ruddock Minister for Immigration and Multicultural Affairs [2001] FCA 1839 discussed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 applied The King v Murray; Ex parte Proctor (1949) 77 CLR 387 discussed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 discussed Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 cited NABE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1498 of 2001 TAMBERLIN J SYDNEY 19 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1498 OF 2001

BETWEEN: NABE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 19 MARCH 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is 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.