M v Minister for Immigration and Multicultural Affairs [2003] FCA 1185

FEDERAL COURT OF AUSTRALIA

M v Minister for Immigration and Multicultural Affairs [2003] FCA 1185

MIGRATION – review of decision of Refugee Review Tribunal – refusal to grant protection (class XA) visa – whether Tribunal's decision affected by jurisdictional error – relevant and irrelevant considerations – no error shown – applicant essentially asking the Court to assess the merits of his protection application

Migration Act 1958 (Cth), s 476(1) Migration Regulations 1994 (Cth), Schedule 2, clause 866.221

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Cujba v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 110 considered Applicant Z v Minister for Immigration and Multicultural Affairs [2001] FCA 881 referred to Nagappan v Minister for Immigration and Multicultural Affairs [2001] FCA 863 considered Machmud v Minister for Immigration and Multicultural Affairs (2001) 66 ALD 98 referred to Hagi-Mohamed v Minister for Immigration and Multicultural Affairs [2001] FCA 1156 referred to W124 v Minister for Immigration and Multicultural Affairs [2001] FCA 1387 referred to VAAW v Minister for Immigration and Multicultural Affairs [2002] FCA 1245 referred to VAAW of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 202 applied Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 applied Minister for Immigration and Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 applied Craig v The State of South Australia (1995) 184 CLR 163 applied Ullah v Minister for Immigration and Multicultural Affairs [2002] FCA 60 referred to Awan v Minister for Immigration and Multicultural Affairs [2001] FCA 1036 followed Capa v Minister for Immigration and Multicultural Affairs [2001] FCA 898 referred to Kahn v Minister for Immigration and Multicultural Affairs [2001] FCA 736 referred to M v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 332 of 2001 KENNY J MELBOURNE 27 OCTOBER 2003