Bax v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1167

FEDERAL COURT OF AUSTRALIA

Bax v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1167 MIGRATION - judicial review – New Zealand citizen – indefinite special category visa – in Australia for less than 10 years – serious criminal convictions – two counts of assault occasioning bodily harm – imprisonment – deportation order – application for review by Tribunal – effect of privative clause, s 474 on Tribunal's powers – Minister's General Direction – whether binding on Tribunal – whether Tribunal pre-empted exercise of discretion by prima facie view of clear case for deportation – no ground for review made out – application dismissed. Migration Act 1958 (Cth) s 201 s 474 s 500 Judiciary Act 1903 (Cth) s 39B Administrative Appeals Tribunal Act 1975 (Cth) NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 applied Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited DAVID JOHN BAX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W544 of 2001 FRENCH J 18 SEPTEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W544 OF 2001

BETWEEN: DAVID JOHN BAX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 18 SEPTEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 544 OF 2001

BETWEEN: DAVID JOHN BAX

APPLICANT