Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NACO v Minister for Immigration & Multicultural Affairs [2002] FCA 474
MIGRATION – application for review of a decision of a delegate of the Minister to refuse to consider an application for a Subclass 831 (Prospective Marriage Spouse) visa – Notice of Objection to Competency lodged by Minister – applicant failed to meet requirements of subclause 832.211(3) of Schedule 2 to Migration Regulations 1994 (Cth) – proceedings doomed to failure ADMINISTRATIVE LAW – Minister's delegate determined that an application for a Subclass 831 (Prospective Marriage Spouse) visa was invalid and hence could not be considered – whether delegate's decision was a "decision of an administrative character" – whether the decision was subject to review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the decision was a "privative clause decision" under s 474(2) Migration Act 1958 (Cth) – decision was a decision which the delegate was required to reach by operation of law
Migration Act 1958 (Cth) s 46(1)(d), 47(3), 47(4), 48, 48(1), 76, 474(1), 474(2), 476 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3, 5 Judiciary Act 1903 (Cth) s 39B
Migration Regulations 1994 (Cth) Reg 2.12, Schedule 2 subclause 832.211(3)
Federal Court Rules Order 20 rule 2
Sandery v Commissioner of Police (1986) 65 ALR 181 referred to Whim Creek Consolidated NL v Colgan (1991) 103 ALR 204 referred to R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 cited NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 referred to Ratumaiwai v Minister for Immigration & Multicultural Affairs [2002] FCA 311 referred to NACO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1572 OF 2001 HELY J 19 APRIL 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1572 OF 2001
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