QAAD of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCA 1038

FEDERAL COURT OF AUSTRALIA

QAAD of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCA 1038 MIGRATION - privative clause decision - refusal of protection visa by Refugee Review Tribunal – matter remitted to tribunal by single judge of the federal court – whether tribunal obliged to consider matter afresh – whether failure to consider matter afresh constitutes jurisdictional error or alternatively, failure to give bona fide consideration to matter – whether unclear which of previous findings Tribunal intended to adhere to – whether circumstances give rise to a 'jurisdictional factors' question - whether tribunal required to ask 'what if I am wrong' in every case and where no real doubt STATUTORY INTERPRETATION - interpretation of privative clauses Statutes Migration Act 1958 (Cth) ss 91S, 474, 424 Cases Awan v Minister for Immigration and Multicultural & Indigenous Affairs [2002] FCA 594 Cited Minister for Immigration and Multicultural and Indigenous Affairs v Rajalingam [1999] FCA 719 Applied NAAV v Minister for Immigration and Multicultural & Indigenous Affairs and Turcan v Minister for Immigration and Multicultural Affairs [2002] FCAFC 228 Applied R v Hickman; Ex parte Fox (1945) 70 CLR 598 Applied Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 167 Applied QAAD OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS Q57 of 2002 KIEFEL J 30 SEPTEMBER 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q57 OF 2002

BETWEEN: QAAD OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 30 SEPTEMBER 2002