SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231

FEDERAL COURT OF AUSTRALIA

SFGB v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCAFC 231 Migration – jurisdictional error – no evidence – Wednesbury unreasonableness – findings of fact not supported by the evidence – conclusion that Taliban no longer viable in Afghanistan – only evidence before the Tribunal was that Taliban still present in area from which the appellant came Migration Act 1958 (Cth) s 474 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Re Minister of Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238 Minister for Immigration and Multicultural Affairs v Gui [1999] FCA 1496 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574 Minister for Immigration and Multicultural Affairs v Prathapan (1998) 156 ALR 672 SFGB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 274 OF 2002 MANSFIELD, SELWAY and BENNETT JJ 24 OCTOBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 274 OF 2002

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

BETWEEN: SFGB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MANSFIELD, SELWAY and BENNETT JJ

DATE OF ORDER: 24 OCTOBER 2003