Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAAS/2002 V Minister For Immigration & Multicultural Affairs [2002] FCA 415
MIGRATION – application for review of a decision of Refugee Review Tribunal affirming decision of Minister's delegate not to grant a protection visa – where applicant Nigerian citizen – whether Tribunal constructively failed to exercise its jurisdiction – no error of law demonstrated – application dismissed.
Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B
NABM of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 335 applied NAAS OF 2002 V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND PRINCIPAL MEMBER REFUGEE REVIEW TRIBUNAL NO N 28 OF 2002 BEAUMONT J 3 APRIL 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 28 OF 2002
BETWEEN: NAAS OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 3 APRIL 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondent. 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 28 OF 2002
BETWEEN: NAAS OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE: 3 APRIL 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
BEAUMONT j:
Introduction 1 This is an application for an order of review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 26 November 2001 whereby the Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa. The original application for review was filed on 14 January 2002. The application therefore falls within the "privative clause" regime, for the reasons stated, by way of background, in the respondent's submissions dated 28 March 2002.
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