NADR v Minister for Immigration & Multicultural Affairs [2002] FCA 361

FEDERAL COURT OF AUSTRALIA

NADR v Minister for Immigration & Multicultural Affairs [2002] FCA 361 NADR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1683 OF 2001 EMMETT J SYDNEY 20 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1683 OF 2001

BETWEEN: NADR

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 20 MARCH 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed; and 2. the applicant to 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 1683 OF 2001

BETWEEN: NADR

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 20 MARCH 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh. He arrived in Australia on 12 February 1999 and on 24 February 1999 he lodged an application under the Migration Act 1958 (Cth) ("the Act") for a protection (class AZ) visa with the Department of Immigration & Multicultural Affairs. On 15 March 1999, a delegate of the respondent, the Minister for Immigration & Multicultural Affairs ("the Minister"), refused to grant a protection visa. On 14 April 1999, the applicant applied to the Refugee Review Tribunal ("the Tribunal") for review of the decision of the delegate. 2 On 6 November 2001, the Tribunal affirmed the decision not to grant a protection visa. By application filed on 28 December 2001, the applicant sought an order of review of the decision of the Tribunal by the Federal Court. The decision of the Tribunal is a privative clause decision within the meaning of s 474 of the Act. That is to say, it is a decision of administrative character made under the Act. Accordingly, pursuant to s 474(1), the decision: "(a) is final and conclusive; and