NAQS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1137

FEDERAL COURT OF AUSTRALIA

NAQS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1137

MIGRATION – protection visa – application for judicial review of a decision of the Refugee Review Tribunal affirming a decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refusing to the applicant a protection visa – whether the Refugee Review Tribunal took into account irrelevant considerations or failed to take into account relevant considerations – whether the Refugee Review Tribunal had regard to all of the applicant's claims – whether the Refugee Review Tribunal's decision was an improper or unreasonable exercise of power – whether the Refugee Review Tribunal has a discretion in deciding if it wishes to hear witnesses produced by the applicant – whether the applicant can gain relief where the Refugee Review Tribunal excluded a witness from the hearing where the applicant has put on no evidence indicating whether or not the excluded witnesses would have been able to provide evidence would have been relevant – whether the Refugee Review Tribunal conducted a review within the meaning of the Migration Act 1958 (Cth).

Migration Act 1958 (Cth) s 353, s 411, s 414, s 425, s 426, s 427, s 428, s, 429A Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 N1202/01A v Minister for Immigration and Multicultural and Indigenous Affairs (2001)68 ALD 21 SCAT v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 80 NAQS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 613 of 2003 HILL J 21 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 613 OF 2003

BETWEEN: NAQS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS