NAMB v Minister for Immigration & Multicultural & Indigenous Affairs; NAMC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 718

FEDERAL COURT OF AUSTRALIA

NAMB v Minister for Immigration & Multicultural & Indigenous Affairs

NAMC v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 718

MIGRATION – whether failure to provide particulars of inconsistencies of evidence to the applicant husband amounted to a breach of s 424A of the Migration Act 1958 (Cth) – whether a breach of s 424A amounted to jurisdictional error – whether the Refugee Review Tribunal's decision can be said to be so illogical as to give rise to jurisdictional error. Migration Act 1958 (Cth) s 424A Minister for Immigration & Multicultural Affairs v Al Shamry (2001) 110 FCR 27 applied Re Minister for Immigration & Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59applied Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 77 ALJR 699 followed NAHV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 102 referred to NADN of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 572 approved Plaintiff S157/2002 v The Commonwealth (2003) 77 ALJR 454 followed Re Refugee Review Tribunal; Ex parte Aala (2000)204 CLR 82 applied NAMB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 392 of 2003 NAMC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 393 of 2003 JACOBSON J 11 JULY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 392 of 2003

BETWEEN: NAMB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 11 JULY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1 The application (ie, that of the wife) must be dismissed. 2 The applicant (the wife) pay the respondent's costs of the proceedings.