SDAN v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 710

FEDERAL COURT OF AUSTRALIA

SDAN v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 710

MIGRATION – protection visa – appeal from decision of Refugee Review Tribunal affirming decision of a delegate of the respondent not to grant a protection visa to the applicant – whether RRT failed to consider relevant material in a way that affected its exercise of power – meaning of persecution in context of s 91R of the Migration Act 1958 (Cth) – whether the Court should first examine the merits of the applicant's case before it considers the privative clause issue. Judiciary Act 1903 (Cth), s 39B, s 474

Migration Act 1958 (Cth), s 91R

Yusuf v Minister for Immigration and Multicultural Affairs (2001) 180 ALR 1, applied

Paul v Minister for Immigration and Multicultural Affairs (2001) 64 ALD 289, referred to

Alam v Minister for Immigration & Multicultural Affairs [2002] FCA 630, referred to

Algama v Minister for Immigration & Multicultural Affairs [2002] FCA 1884, referred to

SBAB v Minister for Immigration & Multicultural Affairs [2002] FCAFC 161, applied

SDAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 88 OF 2002 MARSHALL J ADELAIDE 31 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 88 OF 2002

BETWEEN: SDAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL

DATE OF ORDER: 31 MAY 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 88 OF 2002

BETWEEN: SDAN