Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SDAP v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 812
MIGRATION – no point of principle. SDAP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No S 91 of 2002 von DOUSSA J ADELAIDE 4 JULY 2002
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 91 OF 2002
BETWEEN: SDAP
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: von DOUSSA J
DATE OF ORDER: 4 JULY 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 91 OF 2002
BETWEEN: SDAP
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: von DOUSSA J
DATE: 4 JULY 2002
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This is an application made under s 39B of the Judiciary Act 1903 (Cth) to review a decision of the Refugee Review Tribunal (the Tribunal) made on 1 March 2002 which affirmed a decision of a delegate of the Minister not to grant a protection visa. 2 The applicant, although initially represented by lawyers, was not represented at the hearing of his application. He presented his case himself, and was at an obvious disadvantage in not appreciating the limited scope of an application for judicial review. 3 The challenged decision of the Tribunal is a "privative clause decision" within the meaning of s 474(2) of the Migration Act 1958 (Cth) (the Act) and the Minister relies on 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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