SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 121

FEDERAL COURT OF AUSTRALIA

SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 121

MIGRATION - judicial review - jurisdiction of the Federal Court - jurisdictional error - whether NAAV still good law - meaning of 'persecution' – 'general laws' - prejudgment - repetition of same factual error in different cases - whether appeal court should determine for itself whether there is jurisdictional error.

Migration Act 1958 (Cth) ss 91R, 474 Judiciary Act 1903 (Cth) s 39B

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 followed Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 followed NAAV v Minister for Immigration and Multicultural Affairs (2002) 193 ALR 449 not followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 379 discussed Koulaxazov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 75 not followed SDAH v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 49 applied Minister for Immigration and Multicultural and Indigenous Affairs v WAAG [2003] FCAFC 60 applied Scargill v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 116 applied SBBA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 90 cited WACM v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 92 cited

Sbbg V Minister For Immigration And Multicultural And Indigenous Affairs S 248 OF 2002 GRAY, von DOUSSA and SELWAY JJ 6 JUNE 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 248 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA