QAAB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1220

FEDERAL COURT OF AUSTRALIA

QAAB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1220 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 absence of material regarding applicant's claims - where Tribunal failed to undertake further investigation - where the applicant failed to receive notice of hearing.

Migration Act 1958 (Cth) R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 Foll 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 QAAB OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q25 OF 2002 COOPER J BRISBANE 9 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 25 OF 2002

BETWEEN: QAAB OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 9 OCTOBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of and incidental to the application, including reserved costs, if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 25 OF 2002