SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 577

FEDERAL COURT OF AUSTRALIA

SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 577 MIGRATION - application for protection visa - review of decision of Refugee Review Tribunal – whether Tribunal failed to accord the applicant procedural fairness - whether Tribunal failed to comply with provisions requiring it to notify the applicant in writing of information upon which it based its decision. ADMINISTRATIVE LAW – review of decision of Tribunal – whether failure of Tribunal to comply with legislative requirements amounted to reviewable error – effect of privative clause. Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 414, 418, 420, 423, 424, 424A, 426, 427, 474 Migration Regulations regs 4.41, 5.01, 5.02, 5.02A Boakye-Danquah v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 438 - referred to Craig v State of South Australia (1995) 184 CLR 163 - considered Darling Casino Ltd v New South Wales Casino Control Authority (1997) 191 CLR 602 - referred to Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 - referred to Minister for Immigration &Multicultural Affairs v Al Shamry [2001] FCA 919 - referred to NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 - referred to NABE v Minister for Immigration & Multicultural Affairs [2002] FCA 281 - referred to Paul v Minister for Immigration & Multicultural Affairs [2001] FCA 1196 - referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 - referred to R v Coldham; Ex parte The Australian Workers' Union (1982) 153 CLR 415 - referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 - considered R v Murray; Ex parte Proctor (1949) 77 CLR 387 - referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238 - considered Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 - referred to Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 - referred to Sook Rye Son v Minister for Immigration & Multicultural Affairs (1991) 161 ALR 612 - referred to Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 167 - referred to Zhang v Minister for Immigration Local Government and Ethnic Affairs (1993) 45 FCR 384 - referred to SAAP & ANOTHER v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.204 of 2001 MANSFIELD J 10 MAY 2002 ADELAIDE