Applicant NAMD of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 544

FEDERAL COURT OF AUSTRALIA

Applicant NAMD of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 544

MIGRATION – appeal from decision of Federal Magistrate – whether Refugee Review Tribunal failed to comply with statutory procedures – whether breach of rules of procedural fairness – whether jurisdictional error – where delay in making of decision – where Refugee Review Tribunal relied on more recent country information

Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 25 Migration Act 1958 (Cth) ss 424A, 474

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Hickman, R v; Ex parte Fox and Clinton (1945) 70 CLR 598 cited Kioa v West (1985) 159 CLR 550 cited NAMD and NAME v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FMCA 333 affirmed Plaintiff S157/2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 195 ALR 24 cited APPLICANT NAMD OF 2002 & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N26 OF 2003 EMMETT J 16 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N26 OF 2003

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

BETWEEN: APPLICANT NAMD OF 2002

FIRST APPELLANT

APPLICANT NAME OF 2002

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 16 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the appeal be dismissed; 2. the appellants 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 N26 OF 2003