Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBVC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 78
MIGRATION – appeal from order of judge of this Court dismissing application for judicial review of decision of Refugee Review Tribunal affirming decision of Minister's delegate not to grant appellant protection visa – no error in reasoning of Tribunal – appeal dismissed.
Judiciary Act 1903 (Cth), s 39B
Migration Act 1958 (Cth), s 36(2)
Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473, cited
SBVC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL SAD 36 of 2006 LANDER, RARES AND BESANKO JJ 26 MAY 2006 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 36 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SBVC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGES: LANDER, RARES AND BESANKO JJ
DATE OF ORDER: 26 MAY 2006
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first 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 36 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SBVC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: LANDER, RARES AND BESANKO JJ
DATE: 26 MAY 2006
PLACE: ADELAIDE
REASONS FOR JUDGMENT THE COURT: 1 This is an appeal from an order of a judge of this Court by which he dismissed the appellant's application pursuant to s 39B of the Judiciary Act 1903 (Cth) ('Judiciary Act') seeking the issue of constitutional writs directed to the second respondent, the Refugee Review Tribunal ('RRT'). 2 The appellant is a citizen of the Peoples' Republic of China. She arrived in Australia on 3 April 2005 on a business visitor's visa (Sub-class 456). The appellant was refused immigration clearance at Sydney on the basis that she was not a bona fide business visitor. On 4 May 2005, she lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural Affairs under the Migration Act 1958 (Cth) ('the Act'). On 13 May 2005, a delegate of the Minister for Immigration and Multicultural Affairs refused to grant a protection visa.
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