Ng v Minister for Immigration & Multicultural Affairs [2002] FCA 1146

FEDERAL COURT OF AUSTRALIA

Ng v Minister for Immigration & Multicultural Affairs [2002] FCA 1146 MIGRATION – application for review – natural justice – whether visa applicant entitled to hearing under common law procedural fairness – where statute purports to exhaustively state procedural fairness requirements – error of law – whether error of law made by tribunal is reviewable by Court – where privative clause decision – application of Hickman conditions – whether decision reviewable when no allegation of bad faith made Migration Act 1958 (Cth), ss 359, 359A, 359C, 360, 474(1) Judiciary Act 1903 (Cth), s 39B

NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 considered Hashimi v Minister for Immigration & Multicultural Affairs [2002] FCA 988 considered NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 applied NAAG of 2002 v MIMIA [2002] FCA 713 considered Turcan v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 considered TEE SENG NG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 68 OF 2002 DOWSETT J 16 SEPTEMBER 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 68 OF 2002

BETWEEN: TEE SENG NG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 16 SEPTEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondent in the proceedings, 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

QUEENSLAND DISTRICT REGISTRY Q 68 OF 2002