SBAC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 587

FEDERAL COURT OF AUSTRALIA

SBAC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 587

MIGRATION – application for protection visa – decision of Refugee Review Tribunal – whether Tribunal failed to accord common law procedural fairness to the applicant – whether Tribunal did not undertake a review of the applicant's claims in good faith - effect of privative clause. ADMINISTRATIVE LAW – application for review of decision of Tribunal - whether failure to accord common law procedural fairness amounts to a reviewable error of law - effect of privative clause. Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 414, 424A Bank of Western Australia Ltd v Commissioner of Taxation 91994) 55 FCR 233 – referred to Boakye-Danquah v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 438 – considered Craig v South Australia 91995) 184 CLR 163 – referred to Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 1375 – referred to Guo v minister for Immigration & Multicultural Affairs (1997) 191 CLR 559 – referred to Minister for Immigration & Multicultural Affairs v Rajalingham (1999) 93 FCR 220 – referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – referred to NAAT v Minister for Immigration & Multicultural Affairs [2002] FCA 332 – referred to NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 – followed NABE v minister for immigration & Multicultural Affairs [2002] FCA 281- referred to NABM of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCA 335 – referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 – applied Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 – referred to W321/01A v Minister for Immigration & Multicultural Affairs [20002] FCA 210 - considered SBAC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.219 of 2001 MANSFIELD J 10 MAY 2002 ADELAIDE