NAAC of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 1344

FEDERAL COURT OF AUSTRALIA

NAAC of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 1344 MIGRATION – application for review of decision of Refugee Review Tribunal affirming decision of Minister's delegate not to grant a protection visa – whether decision of Tribunal involved a constructive failure to exercise of jurisdiction – whether decision involved actual or apprehended bias in treatment of evidence of applicant's son amounting to a lack of bona fides such that s 474 did not protect decision from review – whether alleged error in translation resulted in constructive failure of Tribunal to exercise jurisdiction.

Minister for Immigration & Multicultural Affairs v Cho (1999) 92 FCR 315 distinguished Minister for Immigration & Multicultural Affairs v Jia LeGeng (2001) 205 CLR 507 cited NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 cited NAAV v Minister for Immigration & Multicultural Affairs [2002] FCAFC 228 applied NAGT of 2002 v Minister for Immigration & Multicultural& Indigenous Affairs [2002] FCAFC 319 applied O'Toole v Charles David Pty Limited (1990) 171 CLR 232 cited SAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 547 distinguished R v Coldham; Ex parte The Australian Workers' Union (1983) 153 CLR 415 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128 distinguished NAAC OF 2001 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO. N 1401 OF 2001 BEAUMONT J 31 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1401 OF 2001

BETWEEN: NAAC OF 2001

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 31 OCTOBER 2002