Applicants S276 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 330

FEDERAL COURT OF AUSTRALIA

Applicants S276 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 330 MIGRATION – illogicality – no jurisdictional error where findings of fact are supported by probative material Commonwealth of Australia Constitution Act s 75(v) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 476 Federal Court Rules O 51A r 5(1) High Court Rules O 55 rr 17 & 30

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Buck v Bavone (1976) 135 CLR 110 referred to Cam Mui Chi v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 14 referred to Hope v Bathurst City Council (1980) 144 CLR 1 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 190 ALR 402 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to NSW Associated Blue Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to Robinson v Shirley (1982) 149 CLR 132 applied Vetter v Lake Macquarie City Council (2001) 202 CLR 439 referred to APPLICANTS S276 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N336 of 2003 JACOBSON J 29 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N336 of 2003

BETWEEN: APPLICANTS S276 OF 2002

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 29 MARCH 2004

WHERE MADE: SYDNEY