NAEA of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 341

FEDERAL COURT OF AUSTRALIA

NAEA of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 341 MIGRATION – where applicant made application for a protection visa as a member of the family unit of the primary applicant – effect of death of primary applicant – where criteria for grant of protection visa to applicant cannot be met – whether failure by Refugee Review Tribunal to exercise jurisdiction correct

Migration Act 1958 (Cth) ss 31, 36, 45, 46, 65 Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) regs 2.03, 2.07, Sch 1 Pt 4 item 1401, Sch 2 cl 866 V120/00A v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 116 FCR 576 applied Dranichnikov v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 397 distinguished Soondur v Minister for Immigration & Multicultural Affairs [2002] FCAFC 324 distinguished Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 considered NAEA OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1196 OF 2002 GYLES J SYDNEY 17 APRIL 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1196 OF 2002

BETWEEN: NAEA of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 17 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application be dismissed. 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 1196 OF 2002

BETWEEN: NAEA of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT