Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBAN v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 591
MIGRATION – application for protection visa – decision of Refugee Review Tribunal – whether decision made in good faith – whether decision actuated by bias. ADMINISTRATIVE LAW – application for review of decision of Tribunal – effect of privative clause – application of Hickman principles. Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth) ss 36(2) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 - applied NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 – referred to R v Hickman: Ex parte Fox and Clinton (1945) 70 CLR 598 – applied SAAG v Minister for Immigration & Multicultural Affairs [2002] FCA 547 – referred to Sun Zhan Qui v Minister for Immigration & Ethnic Affairs [1997] FCA 324 – referred to Sun Zhan Qui v Minister for Immigration & Ethnic Affairs 1997) 81 FCR 71 - discussed SBAN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.231 of 2001 MANSFIELD J 10 MAY 2002 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.231 OF 2001
BETWEEN: SBAN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 10 MAY 2002
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal given on 28 November 2001 is invalid and of no effect. 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 S.215 OF 2001
BETWEEN: SBAN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
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