NAUV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1319

FEDERAL COURT OF AUSTRALIA

NAUV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1319

MIGRATION – natural justice – whether interpreter provided to applicant inadequate – applicant alleged difficulties with interpreter before delegate – whether delegate's decision was vitiated by jurisdictional error Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 56, 56(1), 58, 59, 425, 427(7) Boral Gas (NSW)Pty Ltd v Magill (1993) 32 NSWLR 501 referred to Gibson v Repatriation Commission [2000] FCA 739 cited Minister for Immigration & Multicultural Affairs, Re; Ex parte Lam (2003) 77 ALJR 699 applied NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 487 referred to New South Wales Bar Association v Stevens [2003] NSWCA 95 cited P119/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 230 applied Perera v Minister for Immigration & Multicultural Affairs (1999)92 FCR 6 referred to R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 applied Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to

Aronson & Dyer, Judicial Review of Administrative Action (2nd Ed) NAUV v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 940 OF 2003 HELY J 19 NOVEMBER 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 940 OF 2003

BETWEEN: NAUV

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 19 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.