SCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 80

FEDERAL COURT OF AUSTRALIA

SCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 80 MIGRATION – judicial review – protection visa – whether Refugee Review Tribunal failed to have regard to an integer of the appellant's claim – whether such failure amounts to jurisdictional error – whether psychological harm may be "serious harm" within meaning of s 91R Migration Act 1958 (Cth) Migration Act 1958 (Cth), s 91R, 474 Judiciary Act 1903 (Cth), s 39B Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244, followed Plaintiff S157 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 195 ALR 24, considered Re Minister for Immigration & Multicultural & Indigenous Affairs Ex Parte Applicants S134/2002 (2003) 195 ALR 1, considered SCAT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S194 of 2002 MADGWICK, GYLES & CONTI JJ 30 APRIL 2003 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY S194 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: SCAT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK, GYLES AND CONTI JJ

DATE OF ORDER: 30 APRIL 2003

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside and that the matter be remitted to the Tribunal, differently constituted, to be dealt with according to law. 2. The respondent pay the appellant's costs of the proceedings in this Court, at first instance and on appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY S194 OF 2002