SAAT v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 345

FEDERAL COURT OF AUSTRALIA SAAT v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 345 MIGRATION – appeal from a decision of primary Judge dismissing application for review of decision of Refugee Review Tribunal ("Tribunal") affirming decision of delegate not to grant appellant a protection visa – appellant sought leave to amend Notice of Appeal – ground not raised before primary Judge – proposed ground of appeal alleges lack of bona fides by Tribunal – consideration of merits of proposed ground of appeal – lack of bona fides not demonstrated – whether leave should be granted for appellant to amend Notice of Appeal Migration Act 1958 (Cth) s 36(2), 474

R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited NAML v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1190 referred to NAAG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713 referred to Anderson v Minister for Immigration and Multicultural Affairs [2000] FCA 1730 cited SAAT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 119 OF 2002 TAMBERLIN, MANSFIELD AND JACOBSON JJ ADELAIDE 19 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 119 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SAAT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: TAMBERLIN, MANSFIELD AND JACOBSON JJ

DATE OF ORDER: 19 NOVEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Leave to amend the grounds of appeal is refused. 2. The appeal is dismissed. 3. The appellant to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.