NAMO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 266

FEDERAL COURT OF AUSTRALIA

NAMO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 266 MIGRATION - appeal from Federal Magistrate – claim by appellant of breach of natural justice – Magistrate considered application for review on basis of decision in NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 – no consideration of jurisdictional error by Magistrate – breach of natural justice not protected by s 474 of the Migration Act 1958 (Cth) following High Court decision in Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 – consideration of appeal where lower court's approach based on NAAV – whether matter should be remitted to Magistrate for re-consideration of application for review in accordance with reasoning of High Court in S157 Migration Act 1958 (Cth) s 474 Zahid v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1108 referred to SBAU v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1076 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 applied Lobo v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 144 discussed VBAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 205 discussed SGDB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 74 referred to NADH v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 19 followed NAMO OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1150 OF 2002 TAMBERLIN J SYDNEY 28 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1150 OF 2002

BETWEEN: NAMO OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS