SDAN v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 351

FEDERAL COURT OF AUSTRALIA

SDAN v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 351 MIGRATION – appeal from primary Judge dismissing application for review of decision of Refugee Review Tribunal ("Tribunal") – application to amend Notice of Appeal – proposed grounds of appeal relate to breach of s 418(3) of the Migration Act 1958 (Cth) and lack of bona fides by Tribunal – relevant considerations not taken into account – whether a lack of bona fide attempt by the Tribunal to exercise power – whether leave should be granted for appellant to amend Notice of Appeal Migration Act 1958 (Cth) s 474

NASF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1237 discussed Muin v Refugee Review Tribunal (2002) 190 ALR 601 discussed Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S 134/2002 cited Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 referred to NAAG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713 cited NAML v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1190 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 referred to Craig v South Australia (1995) 184 CLR 163 referred to SDAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 155 of 2002 TAMBERLIN, MANSFIELD AND JACOBSON JJ ADELAIDE 19 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 155 OF 2002

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

BETWEEN: SDAN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: TAMBERLIN, MANSFIELD AND JACOBSON JJ