NAML v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1190

FEDERAL COURT OF AUSTRALIA

NAML v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1190 MIGRATION – application for protection visa refused – Refugee Review Tribunal affirmed decision of Minister – applicant is Iranian national who undertook studies in Russia – claim by applicant that he became an Evangelical Christian and that he was vilified by Orthodox Christians and Iranians because of his religion – witness provided evidence to the Refugee Review Tribunal in support of applicant's claims – Refugee Review Tribunal rejected claims by applicant having regard to inconsistencies in evidence before it – applicant submitted that Refugee Review Tribunal erred in failing to consider evidence of witness – consideration of analysis of witness' evidence by Refugee Review Tribunal – whether Refugee Review Tribunal ignored evidence provided by applicant's witness MIGRATION – application of s 474 of the Migration Act 1958 (Cth) had there been a failure to take into account evidence provided by witness – absence of express condition precedent – whether breach of inviolable limitation – whether a bona fide exercise of power

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 414, 424 and 474 NAAA v Minister for Immigration and Multicultural Affairs [2002] FCA 362 followed NAAV v The Minister of Immigration and Multicultural Affairs [2002] FCAFC 228 followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 discussed R v Murray; Ex parte Proctor (1949) 77 CLR 387 referred to Reg. v Commonwealth Industrial Court Judges; Ex parte Cocks (1968) 121 CLR 313 referred to NAAG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713 referred to Little v The Commonwealth (1947) 75 CLR 94 discussed Spooner v Juddow (1850) 4 Moo. Ind. App 353 discussed Webster v Lampard (1993) 177 CLR 598 referred to NAML v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 616 of 2002 TAMBERLIN J SYDNEY 27 SEPTEMBER 2002