VDAE v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1557

FEDERAL COURT OF AUSTRALIA

VDAE v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1557 MIGRATION – protection visa – review of decision of Refugee Review Tribunal – privative clause decision – whether Tribunal decision in breach of indispensable condition to or inviolable limitation upon its jurisdiction – whether Tribunal acted in good faith in making decision

Migration Act 1958 (Cth) ss 36, 65, 474 R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 at 616 applied NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 at [37], [639] and [107] applied Craig v South Australia (1995) 184 CLR 163 at 179 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 182 referred to SBBK v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 565 at [44] not followed NAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 at [59]-[60] followed SBBS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 361 at [44] applied SCAS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 397 at [19] applied VDAE, VDAF and VDAG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 302 of 2002 HEEREY J 16 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V302 OF 2002

BETWEEN: VDAE

FIRST APPLICANT

VDAF

SECOND APPLICANT

VDAG

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 16 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applications are dismissed. 2. The applicants pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.