Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431 MIGRATION – appeals by Minister against decisions setting aside decisions of Refugee Review Tribunal – attack on findings of bad faith APPEAL – competency of appeal – appeal by Minister against decision setting aside decision of Refugee Review Tribunal – respondent voluntarily removed from Australia – whether appeal moot WORDS AND PHRASES - "bad faith" The Commonwealth Constitution Ch III Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 415(2)(d), 474(1) Federal Court Rules O 11 r 1B SBAN v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 591 reversed WAAK v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FMCA 86 reversed WAAG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FMCA 191 reversed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 at 615 applied SBBS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 361 discussed SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 397 at [19] followed Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 at [71] – [72] applied NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 at [4], [113]-[115], [638] and [648] applied Re Judiciary and Navigation Acts (1921) 29 CLR 257 at 265 cited Lewis v Continental Banking Corporation 494 US 472 at 480 (1990) cited Darmond v Charles 476 US 54 (1986) at 71 cited Liu v Immigration and Naturalisation Service 274 F 3D 533 (2001) cited Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Limited (2000) 200 CLR 591 at [21] and [119] applied Re McBain; ex parte Australian Catholic Bishops Conference (2002) 188 ALR 1 at [3] applied Driclad Pty Ltd v Federal Commissioner of Taxation (1968) 42 ALJR 355 cited Minister for Immigration, Local Government & Ethnic Affairs v Hamsher (1992) 35 FCR 359 at 368 – 369 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v SBAN S143 OF 2002 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v WAAK W222 OF 2002 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v WAAG W275 OF 2002 HEEREY, MOORE AND KIEFEL JJ 18 DECEMBER 2002 MELBOURNE (HEARD IN ADELAIDE)