SHCB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 308

FEDERAL COURT OF AUSTRALIA

SHCB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 308 MIGRATION – protection visa – application refused on ground that Refugees Convention did not apply to the appellant by reasons of the operation of Art 1F of the Refugees Convention – where finding that appellant committed a war crime or crime against humanity – whether necessary that there be a finding with respect to a specific incident – duress – whether appellant in a position to make the relevant moral choice

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 483

Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 cited SHCB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 229 affirmed W97/164, Re and Minister for Immigration and Multicultural Affairs (1998) 51 ALD 432 SHCB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S431 OF 2003 MANSFIELD, EMMETT & BENNETT JJ 22 DECEMBER 2003 ADELAIDE (HEARD IN PART VIA VIDEO LINK)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 431 OF 2003

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

BETWEEN: SHCB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MANSFIELD, EMMETT & BENNETT JJ

DATE OF ORDER: 22 DECEMBER 2003

WHERE MADE: ADELAIDE (HEARD IN PART VIA VIDEO LINK)

THE COURT ORDERS THAT: 1. the appeal be dismissed; 2. the appellant pay the respondent's costs. 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 S431 OF 2003

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