VJAD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 468

FEDERAL COURT OF AUSTRALIA

VJAD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 468 MIGRATION – review of decision of Refugee Review Tribunal – refusal to grant protection (class XA) visa – whether Tribunal's decision affected by jurisdictional error – relevant considerations – no jurisdictional error shown

Migration Act 1958 (Cth), ss 36, 91R, 474 Migration Regulations 1994 (Cth), Schedule 2, clause 866.221 Judiciary Act 1903 (Cth), s 39B

Craig v The State of South Australia (1995) 184 CLR 163 referred to Plaintiff S157/2002 v Commonwealth of Australia(2003) 211 CLR 476 applied Re Minister for Immigration and Multicultural Affairs; ex parte Applicants S134/2002 (2003) 211 CLR 441 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Win v Minister for Immigration and Multicultural Affairs [2001] FCA 132 distinguished Phyo Thet Win v Minister for Immigration and Multicultural Affairs [2001] FCA 1451 distinguished Kyaing v Minister for Immigration and Multicultural Affairs [2001] FCA 1495 referred to Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112 considered Linett v McIntyre (2002) 117 FCR 189 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 referred to Pollocks v Minister for Immigration and Multicultural Affairs (2001) 195 ALR 73 referred to Islam v Minister for Immigration and Multicultural Affairs [2001] FCA 525 referred to Minister for Immigration and Multicultural Affairs v Islam [2001] FCA 1681 referred to Than Zaw Oo v Minister for Immigration and Multicultural Affairs [2000] FCA 348 referred to

VJAD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 711 of 2002