NAAT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1567

FEDERAL COURT OF AUSTRALIA

NAAT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1567

MIGRATION – appeal from the decision of a Federal Magistrate dismissing application under s 39B Judiciary Act 1903 (Cth) – appellants sought review of decision of Refugee Review Tribunal affirming decision of Minister's delegate not to grant protection visas – appeal dismissed. Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) subs 25(1A) Migration Act 1958 (Cth) s 474 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 referred to Boucaut Bay Co Ltd (in liq) v Commonwealth (1927) 40 CLR 98 referred to R v Connell; Ex parte The Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 referred to Buck v Bavone (1976) 135 CLR 110 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Australian Heritage Commission v Mt Isa Mines (1997) 187 CLR 297 referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 referred to Bull v Repatriation Commission [2001] FCA 1832 referred to Minister for Immigration and Multicultural Affairs v Eshutu (1999) 197 CLR 611 referred to W396/01 v Minister for Immigration and Multicultural Affairs [2002] FCAFC 103 referred to Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 referred to Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 referred to NAAT of 2002 and NABB of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N772 of 2002 ALLSOP J 18 DECEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 772 of 2002