NANJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1138

FEDERAL COURT OF AUSTRALIA

NANJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1138

MIGRATION – judicial review – protection visa – appeal from decision of Refugee Review Tribunal – RRT affirmed decision of Minister's delegate to refuse protection visa – privative clause decision – citizen of Indonesia – whether failure to call a named witness amounts to a jurisdictional error – police corruption amounting to persecution or prosecution – Tribunal's failure to consider applicant's claims based on race and religion – jurisdictional error.

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474(1) Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 considered Craig v The State of South Australia (1995) 184 CLR 163 referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 applied Zahid v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1108 followed SBBK v Minister for Immigration and Multicultural Affairs [2002] FCA 265 not followed W360/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 211 distinguished NANJ of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 653 of 2002 JACOBSON J 13 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N653 of 2002

BETWEEN: NANJ of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 13 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA