Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAMS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 189 MIGRATION – refugees – application for refugee status – well-founded fear of persecution not established. ADMINISTRATIVE LAW – judicial review – decision upon refugee status – where Tribunal concluded no well-founded fear of persecution despite recent independent country information – no failure to accord natural justice – where recommendation made to Minister to consider exercise of Minister's power – no judicial power to compel directly the exercise of Minister's personal discretion.
Migration Act 1958 (Cth) s 417 Bank of NSW v The Commonwealth (1948) 76 CLR 1 cited Container Terminals Australia Ltd v Xeras (1991) 23 NSWLR 214 cited Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389 cited Egounove v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 49 cited Hassen v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1036 cited NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24 cited Re Minister; Ex parte Applicants S134/2002 (2003) 211 CLR 441 cited H Broom, A Selection of Legal Maxims, 10th ed, Sweet & Maxwell, London 1939. NAMS V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 2224 OF 2003 BEAUMONT J 10 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 2224 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAMS
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 10 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The recommendation made in par 4 of the orders of the Federal Magistrates Court of Australia be set aside. 2. The appeal otherwise be dismissed, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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