SBBS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 361

FEDERAL COURT OF AUSTRALIA

SBBS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 361 MIGRATION –Whether appellant denied procedural fairness before the RRT – Whether a denial of procedural fairness resulted in jurisdictional error – Effect of the privative clause. Migration Act 1958 (Cth), ss 418(3), 424A Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 applied Re Minister for Immigration and Multicultural Affairs & Anor; Ex parte Miah (2001) 206 CLR 57 followed Re Minister for Immigration and Multicultural Affairs; Ex parte "A" (2001) 185 ALR 489 considered Craig v The State of South Australia (1995) 184 CLR 163 referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 followed SBAU v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1076 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 applied SBAP v Refugee Review Tribunal [2002] FCA 590 referred to NAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 805 referred to SAAG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 547 referred to SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 referred to NAAG of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713 referred to SCAZ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1377 referred to Zahid v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1108 SCAT v Minister for Immigration and Multicultural and Indigenous Affairs BC 200 204335 NABM of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 294 SBBS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 172 of 2002 TAMBERLIN, MANSFIELD and JACOBSON JJ ADELAIDE 22 NOVEMBER 2002