SFTB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 108

FEDERAL COURT OF AUSTRALIA

SFTB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 108 MIGRATION - proceedings by minor against respondent Minister – Minister occupies position of guardian under Immigration (Guardianship of Children) Act 1946 (Cth) – scope of Minister's obligations – procedural unfairness – where minor has no legal representation – jurisdictional error – where Refugee Review Tribunal considered independent country information received after hearing – whether fear of persecution 'well-founded' PRACTICE & PROCEDURE – Order 43 of Federal Court Rules – proceedings where no tutor or next friend appointed – enforcement of orders adversely affecting interests of minor Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 424A Immigration (Guardianship of Children) Act 1946 (Cth), s 6 Federal Court Rules, O 43 Federal Magistrates Rules, rr 1.03(1), 1.05(2), 1.06, 11.08(2), 11.09(1) Myers v Nominal Defendant [1966] 1 NSWLR 659 cited Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited Haines v Leves (1987) 8 NSWLR 442 cited Jaffari v Minister for Immigration & Multicultural Affairs [2001] FCA 985 cited Applicant X v Minister for Immigration & Multicultural Affairs [1999] 92 FCR 524 cited Odhiambo v Minister for Immigration & Multicultural Affairs [2002] 69 ALD 312 applied SBAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 426 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 cited WAAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 409 cited Minister for Immigration and Multicultural and Indigenous Affairs v Yusuf (2001) 206 CLR 323 cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited SFTB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 242 OF 2002 WEINBERG, STONE AND JACOBSON JJ 27 MAY 2003 SYDNEY (HEARD IN ADELAIDE)