Applicant NAHF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 140

FEDERAL COURT OF AUSTRALIA Applicant NAHF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 140 ADMINISTRATIVE LAW – judicial review – application for protection visa refused by Refugee Review Tribunal – appellants invited to attend oral hearing – appellant husband sought adjournment of hearing on the basis of appellant wife's illness – hearing adjourned to a date when appellant wife was still incapacitated – whether requirements of s 425 Migration Act 1958 (Cth) were complied with – whether there was a breach of the rules of natural justice in relation to the appellants

Constitution (Cth) s 75(v) Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 25(1A) Migration Act 1958 (Cth) s 425, 425A, 425(1), 426A, 426A(1), 426, 427, 428, 476(2)(a), 474, 474(2) Migration Legislation Amendment Act (No 1) 1998 (Cth) Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Minister for Immigration & Multicultural Affairs v Capitly [1999] FCA 193 considered Minister for Immigration & Multicultural Affairs v Mohammad [2000] FCA 1275 followed Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 followed Sreeram v Minister for Immigration & Multicultural Affairs [2001] FCA 53 followed De Silva v Minister for Immigration & Multicultural Affairs (2000) 98 FCR 364 applied Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Zhang v Minister for Immigration, Local Government & Ethnic Affairs (1993) 45 FCR 384 cited Chen v Minister for Immigration & Ethnic Affairs (1994) 48 FCR 591 cited R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 considered Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1964-1965) 113 CLR 475 considered Mazhar v Minister for Immigration & Multicultural Affairs [2000] FCA 1759 followed NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 cited SCAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1377 considered S157/2002 v The Commonwealth of Australia [2003] HCA 2 Applicant WAFV of 2002 v Refugee Review Tribunal [2003] FCA 16 APPLICANT NAHF OF 2002 AND ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 982 OF 2002 HELY J 5 MARCH 2003 PERTH (BY VIDEO LINK) (HEARD IN SYDNEY)