QAAE of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1213

FEDERAL COURT OF AUSTRALIA

QAAE of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1213 MIGRATION - protection visa - appeal from decision of Refugee Review Tribunal - privative clause - application of Hickman principles - whether decision reviewable under privative clause - whether decision of Tribunal discloses an absence of good faith - where Tribunal relied on alleged incomplete and fraudulent independent information. MIGRATION - protection visa - appeal from decision of Refugee Review Tribunal - where applicant claims entitlement to visa and working rights under "Stateless Persons Convention 1954" - where no evidence of valid visa application - where decisions made after commencement of proceedings - where Convention has not been incorporated into the municipal law of Australia. Migration Act 1958 (Cth) R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 Appl NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 Appl NAAG of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713 Appl SAAG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 547 Appl NACL v Refugee Review Tribunal [2002] FCA 643 Refd SBAP v Refugee Review Tribunal [2002] FCA 590 Refd Park Oh Ho v Minister for Immigration and Ethnic Affairs (1987) 14 FCR 274 Appl Minister for Community Services v Dibo Pty Ltd (1992) 38 FCR 292 (FC) Appl Vamuta v Soqo Co Limited (1996) 68 FCR 151 Appl Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Appl Re East; ex parte Nguyen (1998) 196 CLR 354 Appl QAAE OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO Q82 OF 2002 COOPER J BRISBANE 1 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY No Q82 OF 2002