Braganza v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1542

FEDERAL COURT OF AUSTRALIA

Braganza v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1542 Migration - whether the MRT applied Departmental policy as a rule without individual attention to the merits of the application - effect of s474. WORDS & PHRASES – "settled" Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 348(1), 353(2)(b) and 474

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 applied Khan v Minister for Immigration, Local Government and Ethnic Affairs (Gummow J, 11 December 1987, unreported) applied Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 referred to Rendell v Release on Licence Board (1987) 10 NSWLR 449 referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 followed NABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294 followed Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1108 followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (Lindgren J, 6 May 1997, unreported) applied Yao-Jing Li v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275 referred toF SAAZ v Minister for Immigration & Multicultural Affairs [2002] FCA 791 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 followed PETER BRAGANZA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N422 of 2002 JACOBSON J SYDNEY 11 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N422 of 2002

BETWEEN: PETER BRAGANZA

APPLICANT