Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAAO of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 834
NAAO OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N22 of 2002 MADGWICK J 28 MAY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N22 of 2002
BETWEEN: NAAO OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 28 MAY 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be 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.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N22 of 2002
BETWEEN: NAAO OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 28 MAY 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) MADGWICK J: 1 By this amended application, the applicant seeks a declaration that the decision of the Refugee Review Tribunal ("the Tribunal") dated 30 November 2001 affirming a decision of a delegate of the respondent to refuse to grant a protection visa (class XA) to the applicant was made in excess of jurisdiction and is null and void. The applicant invokes the jurisdiction of the Court under s 39B of the Judiciary Act 1903 (Cth). 2 It has been announced that a five member bench of this Court will shortly convene to hear appeals in cases which, there is reason to think, will raise questions which have divided Judges of this Court as to the construction and validity of s 474 of the Migration Act 1958 (Cth) ("the Act")in its present form and more broadly about the scope of the jurisdiction of the Court under Part 8 of the Act, again in its present form. 3 A threshold question in this matter has been whether I should simply stand it over to await the decision of the five member Full Court. Reliance is placed by the applicant upon observations of Heerey J in Turkan v Minister for Immigration & Multicultural Affairs [2002] FCA 397 at [46]. His Honour said:
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