SBAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 21

FEDERAL COURT OF AUSTRALIA

SBAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 21

MIGRATION – claim to be refugee from Afghanistan dismissed by Tribunal mainly upon basis of linguistic report – appeal from Tribunal to single judge of Federal Court dismissed upon ground of absence of Tribunal error – appeal to Full Court dismissed upon basis of absence of ground of appeal propounded - unnecessary to consider implications of statutory privative clause – implications of delay in hearing by Full Court where no ground of appeal propounded in notice of appeal.

Migration Act 1958 (Cth) s 424A

S157/2002 v The Commonwealth (2003) HCA 2 cited. SBAZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 276 OF 2002 MADGWICK, GYLES & CONTI JJ 20 FEBRUARY 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 276 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SBAZ

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MADGWICK, GYLES & CONTI JJ

DATE OF ORDER: 20 FEBRUARY 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Appeal be dismissed. 2. Appellant to pay the Respondent's 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 REGISTRY S 276 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SBAZ

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MADGWICK, GYLES & CONTI JJ

DATE: 20 FEBRUARY 2003

PLACE: ADELAIDE

REASONS FOR JUDGMENT Madgwick J 1 I agree with the reasons for decision of Conti J. I might add that, because there is a new legal regime by which the decisions of the Refugee Review Tribunal may be tested, subsequently to the decision of the primary judge, arising out of the decision of the High Court in Plaintiff S157/2002 v The Commonwealth (2003) HCA 2, given on 4 February 2003, I have, in light of the appellant being unrepresented, examined the material anxiously to see whether any jurisdictional error might be found. I can, however, see no sign of it. 2 The order of the court therefore will be that the appeal is dismissed. The appellant is to pay the respondent's costs accordingly. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.