Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SCAP v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 677
MIGRATION – application under s 39B of the Judiciary Act 1903 – allegation of actual bias by the decision maker and jurisdictional error – allegations made out – application dismissed. R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 referred to Boakye-Danquah v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 438 referred to Kwan v Minister for Immigration and Multicultural Affairs [2002] FCA 498 referred to SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 applied Hussain v Minister for Immigration and Multicultural Affairs [2001] FCA 523 referred to Abedi v Minister for Immigration and Multicultural Affairs [2001] FCA 1081 referred to Anwari v Minister for Immigration and Multicultural Affairs [2002] FCA 217 referred to SCAP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No S 64 of 2002 von DOUSSA J ADELAIDE 30 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 64 OF 2002
BETWEEN: SCAP
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: von DOUSSA J
DATE OF ORDER: 30 MAY 2002
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Application dismissed. 2. Applicant to pay the respondent's costs.
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 64 OF 2002
BETWEEN: SCAP
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: von DOUSSA J
DATE: 30 MAY 2002
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 (Cth) to set aside a decision of the Refugee Review Tribunal (the Tribunal) made on 31 January 2002 in which the Tribunal affirmed a decision not to grant the applicant a protection visa. 2 The Tribunal's decision, being one made after 2 October 2001, is a privative clause decision as defined by s 474(2) and (3)(b) of the Migration Act 1958 (Cth) (the Act) and therefore subject to the provisions of s 474(1) which provides: "(1) A privative clause decision: (a) is final and conclusive; and (b) must not be challenged, appealed against, reviewed, quashed or called in question in any court; and (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account."
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