WABZ v Minister for Immigration & Multicultural Affairs [2002] FCA 1345

FEDERAL COURT OF AUSTRALIA

WABZ v Minister for Immigration & Multicultural Affairs [2002] FCA 1345

MIGRATION – protection visa – judicial review – privative clause decision – Tribunal wrongly excluded Legal Aid WA solicitor from appearing before it on behalf of applicant – applicant's case prepared on basis that she would be allowed legal representation at the hearing – solicitor sought to intervene later during hearing and was told (again wrongly) that her status was only that of an observer who could stay and take notes – respondent conceded Tribunal's legal error in this regard – several weeks after hearing, applicant's social worker wrote to Tribunal referring to her emotional distress and requesting indication as to when the Tribunal would make its decision – member instructed Tribunal staff to advise social worker that he hoped "to sign a decision" by week-ending 21 September 2001 – staff member of Tribunal advised social worker that date for decision would be about 21 September 2001 – decision made on 24 September 2001, but not notified to applicant until 19 October 2001 – in the meantime rights of review severely curtailed by amending legislation taking effect from 2 October 2001 – whether bad faith established – whether Tribunal's decision otherwise reviewable.

Judiciary Act 1903 (Cth), s 39B Migration Act 1957 (Cth), s 474 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 followed NAAG of 2002 v Minister for Immigration and Multicultural Affairs [2002] FCA 713 referred to SBAU v Minister for Immigration and Multicultural Affairs [2002] FCA 1076 referred to NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 293 referred to

WABZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W527 of 2001