Lopez & Ors v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 826

FEDERAL COURT OF AUSTRALIA

Lopez v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 826 MIGRATION – application under s 39B Judiciary Act 1903 (Cth) for relief in respect of decision of Migration Review Tribunal – privative clause decision – whether the decision of Tribunal amounted to a jurisdictional error or non-compliance with an inviolable condition – whether the decision of Tribunal not reasonably capable of reference to power given to Tribunal

Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) reg 1.03 R v Hickman; Ex parte Fox v Clinton (1945) 70 CLR 598 at 615 applied Turcan v Minister for Immigration & Multicultural Affairs [2002] FCA 397 at [46] followed NABC v Minister for Immigration & Multicultural Affairs [2002] FCA 539 at [6] – [8] followed NAAG v Minister for Immigration & Multicultural Affairs [2002] FCA 713 at [13], [27] followed SABRINA HELENA LOPEZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 187 OF 2002 HEEREY J 21 JUNE 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 187 OF 2002

BETWEEN: SABRINA HELENA LOPEZ

MILDRED ELAINE SMITH

LEANNE VERONICA SMITH

ANDRE NATHANIEL LOPEZ

CHEVON VIRGINIA LOPEZ

KIMBERLY VANESSA LOPEZ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 21 JUNE 2002

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA