SHJB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 303

FEDERAL COURT OF AUSTRALIA

SHJB v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCAFC 303

IMMIGRATION – cancellation of visa – failure to answer correctly questions on application form – Refugee Review Tribunal found that appellant had so failed – primary judge found that there was material before the Tribunal which justified its conclusion – whether primary judge erred in failing to decide, on the material before him, whether the appellant had in fact failed correctly to answer the relevant questions – whether that fact was a jurisdictional fact or whether the Tribunal's decision about non-compliance was the relevant jurisdictional fact – whether the Tribunal's decision was unreasonable in the 'Wednesbury' sense – whether the Court may apply a test of "relative reasonable satisfaction" – appeal dismissed.

Migration Act 1958 (Cth), ss 101, 108, 109

Enfield City Corporation v Development Assessment Commission (2000) 199 CLR 135 referred to Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 distinguished Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied R v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 referred to Chesterfield Properties PLC v Secretary of State for Environment [1997] EWHC Admin 709 referred to R v Lord Saville; Ex parte A [2000] 1 WLR 1855 referred to Plaintiff S157/2000 v The Commonwealth (2003) 195 ALR 24 referred to Reg v Secretary of State for the Environment; Ex parte National and Local Government Officers Association, The Times 2 December 1992 referred to SHJB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S533 of 2003 CARR, FINN & SUNDBERG JJ 17 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S533 OF 2003