SCAV of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 182

FEDERAL COURT OF AUSTRALIA

SCAV of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 182 MIGRATION – appeal from a decision of single judge dismissing application for judicial review of Refugee Review Tribunal decision – whether Tribunal decision affected by actual bias – reliance on linguistic analysis – appellant claimed persecution from Taliban on grounds that he is an Afghani Hazra and a Muslim Shiite – Tribunal of view that appellant a Pakistani national Migration Act 1958 (Cth) ss 36(2), 476(1) Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 cited Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited SAAK v Minister for Immigration & Multicultural Affairs [2002] FCAFC 86 referred to SCAV OF 2001 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S245 OF 2001 WILCOX, BRANSON & MARSHALL JJ 12 JUNE 2002 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S245 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SCAV OF 2001

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, BRANSON & MARSHALL JJ

DATE OF ORDER: 12 JUNE 2002

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT:

1. the appellant be granted leave to amend his notice of appeal;

2. the appeal be dismissed; and

3. the appellant pay the costs of the respondent.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S245 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SCAV OF 2001