NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1046

FEDERAL COURT OF AUSTRALIA

NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1046 MIGRATION – Application for prerogative relief in respect of decision of Refugee Review Tribunal affirming refusal of protection visa – claims that the Tribunal failed to make a bona fide attempt to exercise its power, that the Tribunal was biased, and that the decision of the Tribunal was unreasonable – no error on part of Tribunal Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 91R(2), 424A Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on 10 October 1984 R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 cited Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 followed Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 168 cited SBBS v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 194 ALR 749 cited Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431 cited Minister for Immigration & Multicultural & Indigenous Affairs v NAOS of 2002 [2003] FCAFC 142 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 204 CLR 1 cited Perampalam v Minister for Immigration & Multicultural Affairs (1999) 84 FCR 274 cited Gnanasambanther v Minister for Immigration and Multicultural Affairs [2001] FCA 693 NASB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 729 of 2003 SACKVILLE J SYDNEY 2 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 729 OF 2003