NACV v Minister for Immigration and Multicultural Affairs [2002] FCA 411

FEDERAL COURT OF AUSTRALIA

NACV v Minister for Immigration and Multicultural Affairs [2002]

FCA 411 IMMIGRATION - Applicant seeking protection visa initially on the basis of fear of persecution on account of political beliefs and subsequently of his homosexuality - adverse finding as to Applicant's credibility by Refugee Review Tribunal - whether that finding should be set aside in the circumstances of the case - whether decision reviewable under privative clause regime - no reviewable error identified. Migration Act 1958 (Cth) ss 91R, 424A, 474(2)(4)(5) Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 approved Case W148/00A v Minister for Immigration and Multicultural Affairs (2001) 185 ALR 703 approved Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 approved R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 referred to Paul v Minister for Immigration and Multicultural Affairs (2001) 64 ALD 289 referred to NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 followed NABE v Minister for Immigration and Multicultural Affairs [2002] FCA 281 followed Ratumaiwai v Minister for Immigration and Multicultural Affairs [2002] FCA 311 followed NABM v Minister for Immigration and Multicultural Affairs [2002] FCA 335 followed NACV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 141 of 2002 CONTI J SYDNEY 3 APRIL 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 141 OF 2002

BETWEEN: NACV

APPLICANT

AND: MINISTER OF IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 3 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The Applicant pay the Respondent's costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.