SPKB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 295

FEDERAL COURT OF AUSTRALIA

SPKB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 295 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 cited M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 applied Re Minister for Immigration and Multicultural Affairs; Ex parte SE (1998) 158 ALR 735 cited WAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1625 approved Wentworth v New South Wales Bar Association (1992) 176 CLR 239 applied SPKB v MINISTER FOR IMMIGRATION AND MULTICULTURAL & INDIGENOUS AFFAIRS

S 816 OF 2003 CARR, FINN and SUNDBERG JJ 18 DECEMBER 2003 MELBOURNE (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 816 OF 2003

BETWEEN: SPKB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CARR, FINN and SUNDBERG JJ

DATE OF ORDER: 18 DECEMBER 2003

WHERE MADE: MELBOURNE (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

3. No parts of the transcript of 17 November 2003 and 18 November 2003 of proceedings herein and in S570 of 2003 which disclose the contents of those portions of the affidavits of Andrew Albert Durston sworn on 20 May 2003 (in S426 of 2003) and 29 July 2003 (in S573 of 2003) or the affidavit of James Robert Williams sworn on 16 September 2002 (in S210 of 2002) which are the subject of confidentiality orders made on 23 May 2003 (as varied by orders made on 29 May 2003) (in S426 of 2003) and 8 August 2003 (in S573 of 2003) are to be published, without the leave of the Court, except to counsel and solicitors for the parties.