Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VDAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1071 MIGRATION – review of decision of Refugee Review Tribunal – privative clause decision – whether alleged error "jurisdictional", "structural" or "inviolable"
Migration Act 1958 (Cth) s 474 NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 applied Craig v South Australia (1995) 184 CLR 163 at 179 distinguished Minister for Immigration & Multicultural Affairs v Yusuf [2001] 180 ALR 1 at [39-44] and [82-83] distinguished Byrne v Australian Airlines Ltd (1995) 185 CLR 410 at 459 cited Simsek v Macphee (1982) 148 CLR 636 at 643 followed Fernando v Minister for Immigration & Multicultural Affairs (2000) 58 ALD 91 at [32]-[37], [53], [55] followed VDAA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 251 OF 2002 HEEREY J 29 AUGUST 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V251 OF 2002
BETWEEN: VDAA OF 2002
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 29 AUGUST 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs to be taxed, 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
VICTORIA DISTRICT REGISTRY V251 OF 2002
BETWEEN: VDAA OF 2002
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE: 29 AUGUST 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant seeks review under s 475A of the Migration Act 1958 ("the Act") and s 39B of the Judiciary Act 1903 (Cth) of a decision of the Refugee Review Tribunal given on 2 April 2002 affirming a decision of a delegate of the Minister not to grant the applicant a protection visa. 2 The applicant arrived in Australia on 31 December 2001. His application for a protection visa was lodged on 9 January 2002 and refused by a delegate of the Minister on 30 January 2002. 3 It is accepted that this application is governed by the Act as amended in October 2001 and that the decision under review is a privative clause decision and thus subject to s 474(1) of the Act which provides: "(1) A privative clause decision: (a) is final and conclusive; and (b) must not be challenged, appealed against, reviewed, quashed or called in question in any court; and (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account."
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