Minister for Immigration & Multicultural Affairs v SBAA [2002] FCAFC 195

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v SBAA [2002] FCAFC 195 IMMIGRATION – Refugee claim – Challenge to decision of Refugee Review Tribunal refusing protection visa application – Critical issue for determination by the Tribunal was whether the applicant was a national of Afghanistan – Alleged failure of Tribunal to set out findings on all material questions of fact or to refer to evidence or other material on which its findings were based – Whether this failure gave rise to a permissible ground of review – Failure of Tribunal to consider a report by a linguistic expert as to the applicant's country of origin. Migration Act 1958 ss 430, 476 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 180 ALR 1 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SBAA S217 OF 2001 WILCOX, BRANSON and MARSHALL JJ 21 JUNE 2002 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S217 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPELLANT

AND: SBAA

RESPONDENT

JUDGE: WILCOX, BRANSON and MARSHALL JJ

DATE OF ORDER: 21 JUNE 2002

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant, Minister for Immigration and Multicultural Affairs, pay any costs incurred by the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S217 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPELLANT

AND: SBAA

RESPONDENT