Applicant VCAT of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1516

FEDERAL COURT OF AUSTRALIA

Applicant VCAT of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1516 MIGRATION - protection visas – application for review of Refugee Review Tribunal's refusal to grant - privative clause – s 474(1) of the Migration Act 1958 (Cth) - whether Tribunal made a bona fide attempt to exercise its power – whether the Tribunal exhibited actual bias or unreasonableness – vigorous questioning of the applicant, or reasoning which might not commend itself to the Court, does not of itself demonstrate lack of good faith - whether s 36(2) of the Migration Act 1958 (Cth) is subject to the privative clause or whether it poses a question which is anterior to the operation of that clause. Migration Act 1958 (Cth), ss 36(2), 474(1) Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, referred to Abebe v The Commonwealth (1999) 197 CLR 510, referred to NAAV v Minister for Immigration and Multicultural Affairs [2002] FCAFC 228, applied R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598, followed Reg v Commonwealth Conciliation & Arbitration Commission; Ex parte Amalgamated Engineering Union (Australian Section) (1967) 118 CLR 219, referred to NAEB v Minister for Immigration and Multicultural Affairs [2002] FCA 1092, applied Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, referred to Craig v South Australia (1995) 184 CLR 163, referred to NABM v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 294, followed VDAA v Minister for Immigration and Multicultural Affairs [2002] FCA 1071, applied NAGT v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 319, referred to Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71, applied Gooliah v Minister for Citizenship and Immigration (1967) 63 DLR (2d) 224, referred to SBAU v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1076, referred to Mousoof v Minister for Immigration and Multicultural Affairs [2000] FCA 1522, referred to Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission (1999) 93 FCR 317, referred to Wu v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1242, referred to