Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NACL v Refugee Review Tribunal [2002] FCA 643
IMMIGRATION – application by Palestinian Muslim against decision of Refugee Review Tribunal refusing protection visa – applicant claimed entitlement to visa on grounds of fear of persecution in native Syria on account of association with various Palestinian Muslim political organisations – applicant claimed Tribunal decision reviewable because affected by actual bias and in breach of requirements of s 424A of Migration Act 1958 (Cth) – whether decision of Tribunal is vitiated on either basis – whether decision reviewable under privative clause – whether Tribunal correctly named as party to the proceedings.
Migration Act 1958 (Cth) ss 424A, 474, 476(1)(f), 479 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Schedule 1, Clause 8(2)
R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 referred to Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 applied Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421 referred to Briglia v Federal Commissioner of Taxation (2000) ATC 4247 referred to Kordan Pty Ltd v Federal Commissioner of Taxation (2000) ATC 4812 referred to Daihatsu Australia Pty Ltd v Federal Commissioner of Taxation (2001) ATC 4268 referred to Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 referred to Thairasa v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 281 applied Bitani v Minister for Immigration and Multicultural Affairs [2001] FCA 631 applied NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263 approved Park v Minister for Immigration and Multicultural Affairs [2002] FCA 346 approved Huo v Minister for Immigration and Multicultural Affairs [2002] FCA 617 approved NAAA v Minister for Immigration and Multicultural Affairs [2002] FCA 362 followed NACL v REFUGEE REVIEW TRIBUNAL & MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 123 OF 2002
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