Wu v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1242

FEDERAL COURT OF AUSTRALIA

Wu v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1242 MIGRATION – error of law – Family visa – "special need relative" – whether Migration Review Tribunal erred in considering that the fact that the nominator was a very young child was insufficient to constitute a "serious circumstance" giving rise to a "permanent or long term need for assistance". MIGRATION – procedural fairness – Migration Review Tribunal promises a further oral hearing but fails to provide the hearing – whether hearing would have made a difference to the outcome – whether relief should be granted. MIGRATION – privative clause – s 474(1) of the Migration Act 1958 (Cth) – whether privative clause validates a decision affected by error of law and denial of procedural fairness.

Constitution, s 75(v) Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), ss 359A, 359B, 474 Migration Regulations 1994 (Cth), reg 1.03, cll 806.213, 806.221 Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 642, cited. Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39, followed. NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, followed. Craig v South Australia (1995) 184 CLR 163, cited. Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, cited. Huang v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 95, cited. Re Refugee Review Tribunal, Ex parte Aala (2000) 204 CLR 82, followed. R v Ross-Jones; Ex parte Green (1984) 156 CLR 185, cited. Mahon v Air New Zealand Ltd [1984] AC 808, followed. Stead v State Government Insurance Commission (1986) 161 CLR 141, cited. Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1108, followed. Rv Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, followed. O'Toole v Charles David Pty Ltd (1991) 171 CLR 232, cited. R v Murray; Ex parte Proctor (1949) 77 CLR 387, cited. NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713, cited. Daihatsu Australia Pty Ltd v Federal Commissioner of Taxation (2001) 184 ALR 576, cited. SAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 547, distinguished. Kan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 923, distinguished. Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 187 ALR 117, distinguished. Re The Australian Bank Employees Union; Ex parte Citicorp Australia Ltd (1989) 167 CLR 513, cited. GUI RONG WU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 234 of 2001 SACKVILLE J SYDNEY 10 OCTOBER 2002