NAFA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 844

FEDERAL COURT OF AUSTRALIA NAFA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 844 MIGRATION – protection visa – review of decision of Refugee Review Tribunal – privative clause decision – applicant citizen of Algeria – whether Refugee Review Tribunal failed to address applicant's claim that he has a well-founded fear of persecution because he is an atheist – whether Refugee Review Tribunal committed a jurisdictional error by reason of failure to deal with a manifest but un-articulated case – whether Refugee Review Tribunal failed to properly assess whether the applicant has a well-founded fear of persecution or failed to ask the correct questions – whether Refugee Review Tribunal failed to assess the reasonableness of the applicant relocating within Algeria Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 91R, 474 NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 followed NADO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 797 followed Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 considered Htun v Minister for Immigration & Multicultural Affairs [2001] FCA 1802 referred to Craig v South Australia (1994-1995) 184 CLR 163 referred to Zhaou v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 748 considered Turcan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 397 considered, not followed NABC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 339 considered, not followed SBAP v Refugee Review Tribunal [2002] FCA 590 considered, not followed Alam v Minister for Immigration & Multicultural & Indigenous Affairs[2002] FCA 630 followed Minister for Immigration & Multicultural Affairs v Islam [2001] FCA 1681 considered Parra v Minister for Immigration & Multicultural Affairs [2000] FCA 85 cited Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132 applied Paul v Minister for Immigration & Multicultural Affairs [2001] 64 ALD 289 applied Randhawa v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 437 cited Perampalan v Minister for Immigration & Multicultural Affairs (1999) 84 FCR 274 cited