Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1194
MIGRATION – application for judicial review – application purported to be made under repealed provision of Migration Act 1958 (Cth) – application referred to repealed grounds of review – whether application invoked jurisdiction of Court under s 39B(1) of Judiciary Act 1903 (Cth) MIGRATION – privative clause decision – whether decision of Refugee Tribunal infringed Hickman conditions – whether decision of Refugee Review Tribunal infringed inviolable condition, jurisdictional factor or structural element of Migration Act 1958 (Cth) Migration Act 1958 (Cth) s 474 and s 477 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Judiciary Act 1903 (Cth) s 39B(1)
NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, followed NABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294, followed NAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 at [59], referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, referred to APPLICANT NAAJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1432 of 2001 STONE J 26 SEPTEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1432 OF 2001
BETWEEN: APPLICANT NAAJ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 26 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The notice of objection to competency filed 11 December 2001 be dismissed. 2. The applicant be granted leave to file an amended application with supporting affidavit of Mr Simon Diab sworn 16 April 2002. 3. The amended application be dismissed. 4. The applicant pay 50% of the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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