Awan v Minister for Immigration, Multicultural & Indigenous Affairs [2002] FCA 594

FEDERAL COURT OF AUSTRALIA

Awan v Minister for Immigration, Multicultural & Indigenous Affairs

[2002] FCA 594

MIGRATION – Application for student visa – Migration Review Tribunal decision – breach of s 359A(1) Migration Act – Mistakes of fact concerning the applicant's financial status - effect of privative clause in s 474 Migration Act – whether breach amounted to jurisdictional error – whether legislative intention that breach would lead to invalidity of a decision of the MRT. PRACTICE AND PROCEDURE – Unrepresented applicant – expedited hearing – access to justice. Migration Act 1958 (Cth) ss 65, 336A, 348, 353, 353A, 358, 359, 359A(1), 360, 362A, 365(1), 366C, 368(1), 368A, 474, 475A, 476. Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) schedule 2 cl 560.224(1) Australian Constitution s 75(v) Minogue v Human Rights & Equal Opportunity Commission (1999) 84 FCR 438 referred to R v Hickman & Ors; Ex parte Fox and Anor (1945) 70 CLR 598 applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 followed R v the Commonwealth Rent Controller and Ors; Ex parte National Mutual Life Association of Australasia Limited (1947) 75 CLR 361 considered R v Murray and Ors; Ex parte Proctor and Ors (1949) 77 CLR 387 considered R v Metal Trades Employers' Association and Ors; Ex parte Amalgamated Engineering Union Australian Section (1950) 82 CLR 208 considered R v Coldham and Ors; Ex parte The Australian Workers' Union (1982) 153 CLR 415 considered O'Toole v Charles David Proprietary Limited (1991) 171 CLR 232 considered Deputy Commissioner of Taxation of the Commonwealth of Australia v Richard Walter Pty Limited (1994) 183 CLR 168 considered Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 167 considered Re Refugee Review Tribunal and Anor; Ex parte Aala (2000) 176 ALR 219 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22 considered Vanmeld Pty Ltd v Fairfield City Council (1999) 46 NSWLR 78 considered Greene v McElroy (1959) 360 US 474 considered Suresh v Canada (Minister of Citizenship and Immigration) 2002 SCC 1 considered NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 considered Carlos v Minister for Immigration & Multicultural Affairs [2001] FCA 301 followed Turcan v Minister for Immigration & Multicultural Affairs [2002] FCA 397 considered Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11 followed Walton v Ruddock [2001] FCA 1839 referred to NABE v Minister for Immigration & Multicultural Affairs [2002] FCA 281 referred to Ratumaiwai v Minister for Immigration & Multicultural Affairs [2002] FCA 311 referred to Boakye-Danquah v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 438 followed AHMED IRFAN AWAN v MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS V 1223 OF 2001 NORTH J 9 MAY 2002 MELBOURNE