NACP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 499

FEDERAL COURT OF AUSTRALIA

NACP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 499 MIGRATION – protection visa – judicial review – Minister's delegate refused to issue protection visa – decision affirmed by Refugee Review Tribunal – whether the Refugee Review Tribunal on the face of the decision only considering claims made by the applicant at the hearing and failing to refer in any way to different claims made previously in submissions by the applicant constitutes jurisdictional error – whether the applicant could be taken to resile from previous submission made in writing to the Refugee Review Tribunal where he did not refer to those submissions at the hearing before the Refugee Review Tribunal – whether Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 overrules NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 to the extent that jurisdictional errors other than a denial of natural justice will cause a decision of the Refugee Review Tribunal to be a nullity. Judiciary Act 1903 (Cth) – s 39B Migration Act 1958 (Cth) – s 474 Migration Regulations 1994 (Cth) Craig v State of South Australia (1995) 184 CLR 163 – considered Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 – referred to Koulaxazov v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 75 – referred to Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 144 – not followed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 - considered NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 – distinguished Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 – applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 - considered Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 24 NACP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 135 OF 2003 HILL J 23 MAY 2003 SYDNEY