SBAP v Refugee Review Tribunal [2002] FCA 590

FEDERAL COURT OF AUSTRALIA

SBAP v Refugee Review Tribunal [2002] FCA 590

MIGRATION – application under s 39B of Judiciary Act 1903 (Cth) for relief in respect of decision of Refugee Review Tribunal – privative clause decision – whether breach of rules of natural justice and other administrative law grounds available WORDS AND PHRASES – "bad faith", "good faith"

Migration Act 1958 (Cth) s 474 R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 at 615 applied Turcan v Minister for Immigration & Multicultural Affairs [2002] FCA 397 followed NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 followed Re Minister for Immigration & Multicultural Affairs; ex parte Miah (2001) 179 ALR 238 at [43], [90], [126], [181] and [183] mentioned Kioa v West (1985) CLR 550 at 612 mentioned Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 at [49] and [108] applied Sun Zhan Qui v Minister for Immigration & Multicultural Affairs [1997] FCA 324 followed NABC v Minister for Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 539 at [6] mentioned Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCA 334 followed Ayan v Minister for Immigration & Multicultural Affairs [2002] FCA 470 at [8] followed Horrocks v Lowe [1975] AC 135 at 149-153 mentioned SBAP v REFUGEE REVIEW TRIBUNAL & ANOR S 235 OF 2001 HEEREY J 10 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY S 235 OF 2001

BETWEEN: SBAP

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: MELBOURNE