SGDB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 59

FEDERAL COURT OF AUSTRALIA

SGDB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 59 MIGRATION – Protection Visa – fair hearing – failure to consider case put by applicant – failure of the Tribunal to consider whether there was a well founded fear of persecution on journey back to place of resettlement Migration Act 1958 (Cth) s 36(2)(a), s 424A, s 474 Judiciary Act, 1903 (Cth) s 39B Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Muin v Refugee Review Tribunal (2002) 190 ALR 601 Re Minister for Immigration and Multicultural Affairs; Ex parte A (2002) 185 ALR 489 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 389 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 SGDB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 590 OF 2003 FINN, SELWAY and LANDER JJ 15 MARCH 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 590 OF 2003

ON APPEAL FROM A FEDERAL MAGISTRATE

BETWEEN: SGDB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: FINN, SELWAY and LANDER JJ

DATE OF ORDER: 15 MARCH 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The respondent pay the appellant's costs of 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 590 OF 2003

ON APPEAL FROM A FEDERAL MAGISTRATE

BETWEEN: SGDB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS