NANI v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1082

FEDERAL COURT OF AUSTRALIA

NANI v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1082

ADMINISTRATIVE LAW – functus officio – obligation to consider evidence after the tribunal hearing Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 425

Applicant V346 of 2000 v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 536 referred to Braganza v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 170 applied Mazhar v Minister for Immigration and Multicultural Affairs (2000) 183 ALR 188 referred to NAFF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 52 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Semunigus v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 533 applied Singh v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 18 applied X v Minister for Immigration and Multicultural Affairs (2002) 116 FCR 319 referred to NANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N434 of 2003 JACOBSON J SYDNEY 10 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N434 of 2003

BETWEEN: NANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 10 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The Respondent pay the Applicant'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 N434 of 2003

BETWEEN: NANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS