Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAGO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1302 MIGRATION – judicial review – jurisdictional error – where important element of appellant's claim was not addressed by tribunal – where this failure constitutes denial of natural justice. Migration Act 1958 (Cth) Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 389 followed NAGO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 903 OF 2003 BEAUMONT ACJ 14 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 903 OF 2003
BETWEEN: NAGO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT ACJ
DATE OF ORDER: 14 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of the Federal Magistrates Court be set aside; in lieu thereof, order that the decision of the Refugee Review Tribunal be set aside; and that the matter be remitted to the Tribunal for further consideration in accordance with law. 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 N 903 OF 2003
BETWEEN: NAGO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT ACJ
DATE: 14 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
Beaumont ACJ:
Introduction 1 This is an appeal, by a citizen of Bangladesh who arrived in Australia on 19 November 1999, from a judgment of the Federal Magistrates Court (Driver FM) which dismissed an application by the present appellant for judicial review of a decision of the Refugee Review Tribunal ('the RRT') affirming the Minister's decision not to grant the appellant, and his wife (as a family member), protection visas. 2 In order to understand the RRT's reasons, it will be necessary to refer to the several claims made by the appellant, as follows:
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