SBAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 456

FEDERAL COURT OF AUSTRALIA

SBAH v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 456

MIGRATION – protection visa – whether Refugee Review Tribunal committed jurisdictional error – issue not raised in hearing before the Tribunal – obligation or duty of Tribunal to make proper inquiries – no question of principle Judiciary Act 1903 (Cth) s 39B

Migration Act 1958 (Cth) s 479(a) Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 applied

Ratumaiwai v Minister for Immigration and Multicultural Affairs [2002] FCA 311 referred to APPLICANT SBAH OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS MARSHALL J ADELAIDE 5 APRIL 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S225 OF 2001

BETWEEN: APPLICANT SBAH OF 2001

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 5 APRIL 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 S225 OF 2001

BETWEEN: APPLICANT SBAH OF 2001

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE: 5 APRIL 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT

Introduction 1 The applicant is a child who will turn two years of age next Friday, 12April, 2002. He was born eight days after his father was removed from Australia after an unsuccessful attempt to obtain a protection visa. The applicant's mother was not removed from Australia at that time because she had just given birth to the applicant and was recuperating. The applicant's mother had also made an unsuccessful application for a protection visa. She has remained in Australia pending the outcome of the current proceeding. 2 On 3 August 2000, an application for a protection visa was lodged on behalf of the applicant with the respondent's department. On 24 January 2001, a delegate of the respondent refused to grant a protection visa to the applicant. On 8 February 2001, an application was made on behalf of the applicant to the Refugee Review Tribunal ("the RRT") for a review of the decision of the delegate.