Applicant S76 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1107

FEDERAL COURT OF AUSTRALIA

Applicant S76 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1107

ADMINISTRATIVE LAW – remittal from High Court of Australia – leave sought to file an amended application – whether judge of the High Court intended to remit whole justiciable controversy MIGRATION – application for order quashing decision of Refugee Review Tribunal to refuse to grant protection visa – where grounds of appeal reach only to one of the independent bases for the Tribunal's decision – whether failure of Tribunal to obtain current country information constitutes jurisdictional error

Judiciary Act 1903 (Cth) s 18 Migration Act 1958 (Cth)

Applicants S61 of 2002 v Refugee Review Tribunal [2004] FCAFC 150 considered Minister for Aboriginal Affairs v Peko‑Wallsend Limited (1986) 162 CLR 24 distinguished Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 referred to WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 277 cited APPLICANT S76 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA N 2593 of 2003 BRANSON J 26 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2593 of 2003

BETWEEN: APPLICANT S76 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 26 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an order nisi for constitutional writs be dismissed. 2. The applicant pay the costs of the first respondent.