NAAL/2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 431

FEDERAL COURT OF AUSTRALIA

NAAL/2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 431

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 Sri Lankan citizen – whether Tribunal exceeded its jurisdiction or constructively failed to exercise its jurisdiction – no error of law demonstrated – application dismissed. Migration Act 1958 (Cth) s 64, s 474 Judiciary Act 1903 (Cth) s 39B

NABM of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 335 applied NAAL OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO. N 1435 OF 2001 BEAUMONT J 5 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1435 OF 2001

BETWEEN: NAAL OF 2001

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 5 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 1435 OF 2001

BETWEEN: NAAL OF 2001

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT J

DATE: 5 APRIL 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

BEAUMONT J:

INTRODUCTION 1 This is an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 28 August 2001, whereby the Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa. The application for an order of review was filed on 18 October 2001. The application therefore falls within the "privative clause" regime.