NAWR v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1520

FEDERAL COURT OF AUSTRALIA

NAWR v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1520 MIGRATION – whether invitation by the Refugee Review Tribunal to give additional information required the information to be supplied within the "prescribed period" – whether form of invitation complies with the legislation Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 422B, 424, 424B, 424C, 425, 441A, 441C Migration Regulations 1994 (Cth), reg 4.35 NACI v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 154 cited Tio v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 197 ALR 117 cited Applicant NAHV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 102 cited SBBS v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 194 ALR 749 cited Minister for Immigration & Multicultural & Indigenous Affairs v NAOS of 2002 [2003] FCAFC 142 cited Abebe v Commonwealth (1999) 197 CLR 510 cited NAWR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1543 of 2003 SACKVILLE J SYDNEY 19 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1543 OF 2003

BETWEEN: NAWR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 19 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs, other than the costs of the second day of the hearing. 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 1543 OF 2003

BETWEEN: NAWR