NADD v Minister for Immigration and Multicultural Affairs [2002] FCA 448

FEDERAL COURT OF AUSTRALIA

NADD v Minister for Immigration & Multicultural Affairs [2002]

FCA 448

IMMIGRATION – claim for protection visa based on Applicant's association with student political organisation in India –delay in handing down of Refugee Review Tribunal decision - enactment in the meantime of privative clause provisions of s 474(2) of the Migration Act – whether decision reviewable on grounds of breach of natural justice in the light of s 474(2) of the Migration Act – whether any other reviewable error identifiable regardless of the operation of the new provisions. Migration Act 1958 (Cth) s 474 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 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 Park v Minister for Immigration and Multicultural Affairs [2002] FCA 346 approved NADD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1622 of 2001 CONTI J 5 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1622 OF 2001

BETWEEN: NADD

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 5 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1622 OF 2001