NABV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1494

FEDERAL COURT OF AUSTRALIA

NABV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1494 APPLICANT NABV OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 77 OF 2002 HILL J 29 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 77 OF 2002

BETWEEN: APPLICANT NABV OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 29 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (i) the application be dismissed. (ii) the applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 77 OF 2002

BETWEEN: APPLICANT NABV OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE: 29 NOVEMBER 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 Before the Court is an application to review a decision of the Refugee Review Tribunal ("the Tribunal") of 4 January 2002 which affirmed the decision of a delegate of the Minister refusing to grant the applicant a protection (Class XA) visa. The application to this Court was made after 2 October 2001 and accordingly the application is one made under s 39B of the Judiciary Act 1903 (Cth) in respect of which the Court would have jurisdiction, but subject to s 474(2) of the Migration Act 1958 (Cth) ("the Act") which provides that the decision of the Tribunal is a "privative clause decision" and the consequences that the Act prescribes where a decision of the Tribunal is such a privative clause decision. 2 The applicant is a minor. She was not legally represented. For the purpose of these proceedings her mother was appointed as her next friend and appeared with the child's father and with he aid of an interpreter at the hearing.