SAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 65

FEDERAL COURT OF AUSTRALIA

SAAD v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCAFC 65

MIGRATION – protection visa – two separate sur place claims made by appellant – Refugee Review Tribunal dealt with one of the sur place claims but made no mention of the other – whether simply a failure to refer to evidence in support of that claim or whether a complete failure to consider the claim at all – jurisdictional error on Tribunal's part.

Migration Act 1958 (Cth), ss 424A, 426(3)

W352 v Minister for Immigration and Multicultural Affairs [2002] FCA 398 referred to Plaintiff S157/2002 v The Commonwealth [2003] HCA 2 applied Selliah v Minister for Immigration and Multicultural Affairs [1999] FCA 615 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 referred to SBAB v Minister for Immigration and Multicultural Affairs [2002] FCAFC 161 referred to Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 referred to Paul v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 113 FCR 396 referred to SAAD v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 102 of 2002 COOPER, CARR & FINKELSTEIN JJ 11 APRIL 2003 PERTH (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 102 OF 2002

BETWEEN: SAAD

Appellant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

JUDGES: COOPER, CARR & FINKELSTEIN JJ

DATE OF ORDER: 11 APRIL 2003

WHERE MADE: PERTH (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 15 March 2002 be set aside. 3. The matter be remitted to the Refugee Review Tribunal for determination in accordance with the law. 4. The respondent pay the appellant's costs of and incidental to the preparation and filing of his submissions on 23 September 2002 and 6 March 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.