VAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1201

FEDERAL COURT OF AUSTRALIA

VAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1201

MIGRATION – refusal of protection visa by Refugee Review Tribunal – judicial review – alleged failure on part of Tribunal to consider particular aspect of applicant's claim – whether jurisdictional error – privative clause decision – whether alleged error falls within Hickmanprinciples – whether transgression of "inviolable limitation or restraint on power"

Migration Act 1958 (Cth) s 474(1)

R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 at 615-616 referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 at par [10] applied R v Coldham; Ex parte The Australian Workers' Union (1983) 153 CLR 415 at 419 referred to SBAB v Minister for Immigration and Multicultural Affairs [2002] FCAFC 161 at [30] referred to Ahvazi v Minister for Immigration and Multicultural Affairs [2002] FCA 279 referred to VAJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENEOUS AFFAIRS V1101 OF 2001 WEINBERG J 27 SEPTEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1101 OF 2002

BETWEEN: VAJ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 27 SEPTEMBER 2002

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1101 OF 2002

BETWEEN: VAJ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT