Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAQF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 781 MIGRATION – natural justice – procedural fairness – application for Bridging visa pending final determination of pending application for Protection visa – Migration Review Tribunal ("MRT") affirms decision of Minister's delegate refusing Bridging visa – application to Court for relief in respect of MRT's decision – complaint that on hearing before MRT, MRT misled applicant's migration agent into believing that Bridging visa would issue, the only question being on what conditions – complaint that if misleading had not occurred, there would have been additional evidence and additional submissions before MRT – whether in fact migration agent had been misled – whether a reasonable person in his position would have been misled – whether state of mind of migration agent relevant – whether s 357A of Migration Act 1958 (Cth) excluded natural justice hearing rule entirely – construction of s 357A – use of extrinsic materials in construing s 357A – underlying purpose or object – ambiguity or obscurity. STATUTORY INTERPRETATION – s 357A of Migration Act 1958 (Cth) – relationship between ss 15AA and 15AB of Acts Interpretation Act 1901 (Cth)
Migration Act 1958 (Cth) s 357A Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Acts Interpretation Act 1901 (Cth) ss 15AA, 15AB
WAID v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 220 referred to Re Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 206 CLR 57 referred to Federal Commissioner of Taxation v Trustees of the Lisa Marie Walsh Trust (1983) 48 ALR 253 referred to Mazhar v Minister for Immigration and Multicultural Affairs (2000) 183 ALR 188 followed Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 followed Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 198 ALR 293 followed Saraswati v R (1991) 172 CLR 1 referred to VBAB v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 121 FCR 100 followed NAQF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 604 OF 2003 LINDGREN J SYDNEY 29 JULY 2003
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