NACA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 551

FEDERAL COURT OF AUSTRALIA

NACA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 551 MIGRATION – application for review – whether RRT took into account irrelevant material – whether RRT neglected to take into account relevant material – whether RRT erred in finding that the applicant would not be committed to openly practice Evangelical Christianity – whether breach of procedural fairness – whether RRT should have inquired into previous applications – failure to mention claims in application for visa – whether Secretary of Department had failed to provide the RRT with relevant material – whether breach of s 418(3) of the Migration Act 1958 (Cth)invalidates the decision of the RRT – whether s 474 of Migration Act 1958 (Cth) applies – specificity of notice under s 78B of the Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) ss 418(3), 474 Judiciary Act 1903 (Cth) s 78B Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Montreal Street Railway Co v Normandin [1917] AC 170 cited Posner v Collector for Inter-State Destitute Persons (Vic) (1946) 74 CLR 461 cited Owners of the Ship "Shin Kobe Maru" v Empire Shipping Co Inc (1994) 120 ALR 12 cited F Hutley, "TheCult of Nullification in English Law"(1978) 52 ALJ 8 Aronson and Dyer, Judicial Review of Administrative Action 2nd ed. 2000 NACA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N89 OF 2002 TAMBERLIN J SYDNEY 10 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N89 OF 2002

BETWEEN: NACA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: SYDNEY

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