Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAJT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 966
NAJT OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N486 of 2002 MADGWICK J 11 JULY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N486 OF 2002
BETWEEN: NAJT OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 11 JULY 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be struck out as incompetent. 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 N486 of 2002
BETWEEN: NAJT OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 11 JULY 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter, the applicant filed an application asserting that: "The decision of the [respondent Minister's] delegate given on 8 May 2002 was incorrect and involve[d] a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903."
2 The grounds of the application were:
"(1) The delegate who made the decision ... did not have jurisdiction to make the decision. (2) The delegate was not acting in good faith in making the decision and the Court can overturn the decision if it was carried out in bad faith. (3) That both requests under s 48B and 417 of the Migration Act were not brought to the Minister's attention when the delegate made the decision. (4) The decision exceeded the limits set out in the Commonwealth Constitution. (5) The decision involved section 78B Judiciary Act 1903 and a Notice of Constitutional matters under section 78B to be [sic] prepared and filed."
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