NACT v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1619

FEDERAL COURT OF AUSTRALIA

NACT v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1619

NACT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1107 OF 2002

EMMETT J 20 DECEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1107 OF 2002

BETWEEN: NACT

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. the application be dismissed 2. 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 N1107 OF 2002

BETWEEN: NACT

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 20 DECEMBER 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 The applicant in this matter is a citizen of Algeria. He arrived in Australia on 10 June 1988. On 24 February 1992 he lodged an application for a protection visa under the Migration Act 1958 (Cth) ('the Act'). On 28 April 1993 a delegate of the respondent, the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister') refused to grant the protection visa.

2 The applicant sought review of the delegate's decision. That matter came before the Refugee Review Tribunal, which, on 23 September 1999, affirmed the decision not to grant a protection visa. The applicant has been involved in other disputes with the Minister including one that led to a decision of the Migration Review Tribunal on 25 September 2002, in which that tribunal affirmed a decision that the applicant was not entitled to the grant of a Bridging Visa E Class WE.