SGFB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 422

FEDERAL COURT OF AUSTRALIA

SGFB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 422

MIGRATION – appeal from decision of single judge affirming decision of Refugee Review Tribunal to refuse the grant of protection visa – whether appellant was an Afghan citizen – whether Court erred in failing to admit further affidavit material – whether fresh evidence would have meant that there was no evidence or other material to justify the making of the Tribunal's decision – whether the Court erred in failing to find a jurisdictional error – appeal dismissed.

Migration Act 1958 (Cth), s 476(1)(g), s 476(4) Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth), s 19(2), s 27 Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 190 ALR 402 SGFB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S178 of 2002 von DOUSSA, O'LOUGHLIN AND SELWAY JJ 18 DECEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S178 OF 2002

BETWEEN: SGFB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: von DOUSSA, O'LOUGHLIN AND SELWAY JJ

DATE OF ORDER: 18 DECEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. Each party bear its own costs of the appeal. 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 S178 OF 2002

BETWEEN: SGFB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: von DOUSSA, O'LOUGHLIN AND SELWAY JJ

DATE: 18 DECEMBER 2002

PLACE: ADELAIDE