NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 165

FEDERAL COURT OF AUSTRALIA

NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 165

MIGRATION – application for judicial review of decision of Refugee Review Tribunal – Tribunal's finding of recent invention of particular claims – jurisdictional error – jurisdictional unreasonableness – whether evidence "all one way" – whether "probative material or logical grounds" present – whether Tribunal bound to accept applicant's uncontradicted explanation of failure to make particular claim prior to oral hearing before Tribunal Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited BC v Minister for Immigration and Multicultural Affairs (2001) 67 ALD 60 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 distinguished Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 424 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 cited NACB & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1071 OF 2002 LINDGREN J 7 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1071 OF 2002

BETWEEN: NACB

FIRST APPLICANT

NACC

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 7 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants 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 N 1071 OF 2002

BETWEEN: NACB

FIRST APPLICANT

NACC