STKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 251

FEDERAL COURT OF AUSTRALIA

STKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 251 MIGRATION – Jurisdictional error – English 'variable standard' of unreasonableness – fresh evidence

Migration Act 1958 (Cth) Evidence Act 1995 (Cth) Federal Court Act 1976 (Cth) s 27

SHJB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 502 referred to SHJB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 303 referred to Waterford v The Commonwealth (1987) 163 CLR 54 referred to R v Home Security; Ex parte Rahman [1998] QB 136 referred to Abebe v The Commonwealth (1999) 197 CLR 510 referred to Prasad v Minister for Immigration and Ethnic Affairs (1984) 6 FCR 155 referred to Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553 referred to R v Criminal Injuries Compensation Board; Ex parte A [1999] 2 AC 330 referred to NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 applied

STKB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 111 of 2004 RYAN, JACOBSON & LANDER JJ 8 SEPTEMBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 111 of 2004

On appeal from a single judge of the Federal Court of Australia

BETWEEN: STKB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: RYAN, JACOBSON AND LANDER JJ

DATE OF ORDER: 8 SEPTEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs in the proceedings. 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 111 of 2004