Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STYB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 295 MIGRATION – appeal – no error disclosed
Migration Act 1958 (Cth) s 91S
Applicant S v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 25; (2004) 206 ALR 242, applied
Minister for Immigration & Multicultural Affairs v Khawar (2002) 210 CLR 1 referred to
SCAL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 301, referred to
STCB v Minister for Immigration and Multicultural and Indigenous Society [2004] FCAFC 266, referred to
STYB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SAD 141 OF 2004 COOPER, MARSHALL AND MANSFIELD JJ 12 NOVEMBER 2004 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 141 OF 2004
ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE COURT
BETWEEN: STYB
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: COOPER, MARSHALL AND MANSFIELD JJ
DATE OF ORDER: 12 NOVEMBER 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed.
2. The appellant pay the respondent's costs of and incidental to the appeal, including reserved costs (if any), to be taxed if not agreed. 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 SAD 141 OF 2004
ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE COURT
BETWEEN: STYB
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: COOPER, MARSHALL AND MANSFIELD JJ
DATE: 12 NOVEMBER 2004
PLACE: ADELAIDE
REASONS FOR JUDGMENT
THE COURT 1 This matter is an appeal from a judgment of Selway J in which his Honour dismissed the appellant's application to review a decision of the Refugee Review Tribunal ("the RRT"). The RRT decided that the appellant was not entitled to a protection visa by reference to the Convention relating to the Status of Refugees 1951, as amended by the Protocol relating to the Status of Refugees 1967 ("the Convention"). The application before Selway J was one in which prerogative relief was sought against the respondent in respect of the appellant's application for a protection visa. 2 On 4 November 2004, the Court heard the appeal and, at the conclusion of argument by counsel for the appellant, ordered that the appeal be dismissed with costs.
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