NAAA v Minister for Immigration & Multicultural Affairs [2002] FCA 362

FEDERAL COURT OF AUSTRALIA

NAAA v Minister for Immigration & Multicultural Affairs [2002] FCA 362 PROCEDURE – whether Refugee Review Tribunal ("Tribunal") properly joined as respondent to proceedings for judicial review – whether s 479 of the Migration Act 1958 (Cth) prevents the Tribunal being joined. MIGRATION – whether jurisdictional error established – whether Tribunal failed to consider claims advanced by applicants. Constitution s 75(v) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Act 1958 (Cth) ss 474, 476(2), 477, 479 Judiciary Act 1903 (Cth) s 39B Federal Court Rules O 6 r 9(a) Tweed Shire Council v Minister Administering the Crown Lands Act (1996) 92 LGERA 80, cited. Wickremasinghe v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 125, cited. The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13, cited. Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666, cited. Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1995) 133 ALR 629, cited. Yong Jun Qin v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155, followed. Seligman v Minister for Immigration and Multicultural Affairs (1998) 54 ALD 761, followed. Minister for Immigration and Multicultural Affairs v Seligman (1999) 85 FCR 115, cited. Koe v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 508, followed. Craig v South Australia (1995) 184 CLR 163, cited. NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263, cited. Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, followed. Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, followed. Sellamuthu v Minister for Immigration and Ethnic Affairs (1999) 90 FCR 287, cited. Revised Explanatory Memorandum to the Migration Legislation Amendment (Judicial Review) Bill 2001 (Cth) NAAA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1381 of 2001 SACKVILLE J SYDNEY 28 MARCH 2002