NAAV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 443

FEDERAL COURT OF AUSTRALIA

NAAV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 443

MIGRATION LAW – protection visa – whether the Refugee Review Tribunal committed jurisdictional error – whether the Tribunal took into account an irrelevant consideration by considering the return of the applicants to India after travelling overseas – whether the Minister failed to accord procedural fairness or natural justice in dealing with a sur place claim – no error found.

Migration Act 1958 (Cth) ss 36(2), 474 Convention relating to the Status of Refugees 1951 Art 1A(2)

Minister for Immigration and Multicultural Affairs, Re; Ex parte Miah (2001) 179 ALR 238 discussed NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 approved Brooks v the Commissioner of Taxation 100 FCR 117 referred to Ratumaiwai v Minister of Immigration and Multicultural Affairs [2002] FCA 311 cited APPLICANT NAAV OF 2002, APPLICANT NAAW OF 2002, APPLICANT NAAX OF 2002 and APPLICANT NAAY OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 36 OF 2002 HILL J 10 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 36 OF 2002

BETWEEN: APPLICANT NAAV OF 2002

FIRST APPLICANT

APPLICANT NAAW OF 2002

SECOND APPLICANT

APPLICANT NAAX OF 2002

THIRD APPLICANT

APPLICANT NAAY OF 2002

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 10 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed. 2. the applicant pay the Minister's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.