SBBF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 767

FEDERAL COURT OF AUSTRALIA

SBBF v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 767

Migration Act 1958 (Cth) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) SBBF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 12 OF 2002 O'LOUGHLIN J 17 JUNE 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 12 OF 2002

BETWEEN: SBBF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 17 JUNE

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The Applicant pay the Respondent's costs, such costs to be taxed in default of agreement. 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 12 OF 2002

BETWEEN: SBBF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE: 14 JUNE 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicant, a citizen of Iran, arrived in Australia on 20 April 2001. A few months later, he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ("the Department") pursuant to the provisions of the Migration Act 1958 (Cth) ("the Act"). His application was refused as was his subsequent application to the Refugee Review Tribunal ("the Tribunal") for a review of the Department's decision. On 10 January 2002, the applicant filed his application to this Court for a review of the decision of the Tribunal. As his application was made after 2 October 2001, it must be considered pursuant to the provisions of the Act as amended by the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth). That amending legislation is effective as from 2 October 2001.