NAFZ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1291

FEDERAL COURT OF AUSTRALIA

NAFZ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1291 MIGRATION – protection visa – where decision of Minister posted to applicant by registered mail but claimed not to have been received – where Refugee Review Tribunal held it had no jurisdiction to determine application for review as application to Tribunal to review decision was lodged outside 28 day period ADMINISTRATIVE LAW – privative clause decision – whether decision by Tribunal as to jurisdiction was privative clause decision WORDS AND PHRASES – "under this Act"

Migration Act 1958 (Cth) ss 66(1), 411, 412(1)(b), 414, 415, 474, 494B Migration Regulations 1994 (Cth) reg 2.16 Judiciary Act 1993 (Cth) s 39B Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Industry & Commerce v Tooheys Ltd (1992) 60 FLR 325 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Li v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 219 followed El Edwan v Minister for Immigration & Multicultural Affairs [2001] FCA 706 referred to Fernando v Minister for Immigration & Multicultural Affairs (2000) 97 FCR 407 referred to Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 77 referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 referred to Darling Casino Ltd v NSW Casino Control Authority (1997) 191 CLR 602 cited Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1108 referred to NAFZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N323 OF 2002

GYLES J

SYDNEY 22 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 323 OF 2002

BETWEEN: NAFZ

APPLICANT