Minister for Immigration & Multicultural & Indigenous Affairs v SGJB [2003] FCAFC 290

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v SGJB [2003] FCAFC 290 MIGRATION - judicial review - jurisdictional error - procedural fairness - actual bias - whether denial of natural justice deprived applicant of the possibility of a successful outcome - opportunity to call witness before Refugee Review Tribunal NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 discussed Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 applied Minister for Immigration and Multicultural and Indigenous Affairs Ex parte Applicants S134/2002 (2003) 195 ALR 1 applied Minister for Immigration and Multicultural Affairs v SCAR (2003) 198 ALR 293 referred to Re Refugee Tribunal Ex parte Aala (2000) 204 CLR 82 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v SGJB S 5 OF 2003 GRAY, COOPER AND SELWAY JJ ADELAIDE 16 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 5 OF 2003

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: SGJB

RESPONDENT

JUDGES: GRAY, COOPER AND SELWAY JJ

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 5 OF 2003

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: SGJB

RESPONDENT