NBBL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1045

FEDERAL COURT OF AUSTRALIA

NBBL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1045 MIGRATION – consideration of the exercise of the power conferred by s 426A – consideration of the principles informing the exercise of the discretion – consideration of whether an obligation arises in the Refugee Review Tribunal to adjourn or reschedule a hearing upon the failure of the applicant to appear in circumstances where the applicant has expressed a desire to appear.

Migration Act 1958 (Cth), Part 7, ss 424A, 425, 425A, 426A NBBL v MIMIA [2006] FMCA 161, cited R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546, cited Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1964-1965) 113 CLR 475, cited Kruger v The Commonwealth (1997) 190 CLR 1, quoted Metwally v University of Wollongong (1985) 60 ALR 68, quoted Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 31, cited H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43, cited Iyer v Minister for Immigration and Multicultural Affairs (2001) 64 ALD 9, cited Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543, cited NAVX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 287, cited NASF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 162, cited Minister for Immigration & Multicultural & Indigenous Affairs v SZFHC [2006] FCAFC 73, quoted Xiang Sheng Li v Refugee Review Tribunal (1994) 36 ALD 273, cited Blazevski v Judges of the District Court of New South Wales (1992) 29 ALD 197, cited Minister for Immigration & Multicultural Affairs Re ex parte Miah (2001) 206 CLR 57, quoted Annetts v McCann (1990) 170 CLR 596, cited NBBL v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 401 OF 2006 GREENWOOD J 11 AUGUST 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA