NADC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 201

FEDERAL COURT OF AUSTRALIA

NADC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 201 MIGRATION – protection visa – judicial review – Minister's delegate refused to issue protection visa – decision affirmed by Refugee Review Tribunal – where the Refugee Review Tribunal held that certain documents were forgeries – whether the Refugee Review Tribunal denied the applicant natural justice – whether the Refugee Review Tribunal under an obligation to consider both each of the applicant's claims individually and the effect of the claims as a group. Migration Act 1958 (Cth) – s 474 Gamaethige v Minister for Immigration and Multicultural Affairs [2001] FCA 565 followed Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 referred to NAOC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1424 followed Muin v Refugee Review Tribunal [2002] HCA 30 distinguished NADC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1137 OF 2002 HILL J 14 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1137 OF 2002

BETWEEN: NADC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 14 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent Minister'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 1137 OF 2002

BETWEEN: NADC of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE: 14 MARCH 2003

PLACE: SYDNEY