NAPE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1124

FEDERAL COURT OF AUSTRALIA

NAPE v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 1124 MIGRATION – protection visa – application for judicial review of a decision of the Refugee Review Tribunal – whether logicality a ground of review – whether failure to give reasons a jurisdictional error – whether the Refugee Review Tribunal failed to afford to the applicants natural justice by failing to draw to their attention adverse country information – whether the Refugee Review Tribunal took into consideration a wrong issue or failed to take into account a relevant consideration – whether the Refugee Review Tribunal did not permit the applicants to explain their case and thereby deny to them natural justice. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 36(2), s 48A, s 420, s 474(2), s 476

Dranichnikov v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 397 cited High Court in Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Kioa v West (1985) 159 CLR 550 followed Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S20/2003 [2003] HCA 30 applied SDAV v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 129 referred to VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 applied WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 applied WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 188 applied NAPE & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 557 of 2003

HILL J 21 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 557 OF 2003