NAVQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 3

FEDERAL COURT OF AUSTRALIA

NAVQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 3 MIGRATION – where the Refugee Review Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refusing to grant to the applicant a protection visa – whether the cumulative factual errors made by the Refugee Review Tribunal were of such a serious nature as to amount to a jurisdictional error – whether the Refugee Review Tribunal approached the assessment of the applicant's credit incorrectly

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v Yusef (2001) 206 CLR 323 referred to Sivalingam v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 157 referred to Sivarasamoorthy v Minister for Immigration and Multicultural Affairs (2000) FCA 556 referred to Selliah v Minister for Immigration and Multicultural Affairs (1999)FCA 615referred to SAAK v Minister for Immigration and Multicultural Affairs (2002) 191 ALR 663 referred to NAVQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1426 OF 2003

HILL J 6 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1426 OF 2003

BETWEEN: NAVQ

APPLICANT

AND: MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 6 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent Minister's costs. 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 N1426 OF 2003

BETWEEN: NAVQ

APPLICANT