SBBR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 842

FEDERAL COURT OF AUSTRALIA

SBBR v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 842

MIGRATION – decision to refuse protection visa – whether the Tribunal erred in failing to take into account the reliability or otherwise of a language analysis test relied upon by the delegate – whether any such failure could render the Tribunal's decision "biased, perverse and contrary to the evidence" and thus an error of law MIGRATION – meaning of "review" by the Tribunal of the delegate's decision Migration Act 1958 (Cth) s 414, s 415, s 424, s 425, s 430 Re Minister for Immigration and Multicultural Affairs; Ex parte "A" [2001] HCA 77 Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 SBBR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 38 OF 2002 SBBS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 39 OF 2002 O'LOUGHLIN J 3 JULY 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 38 of 2002

BETWEEN: SBBR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 3 JULY 2002

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 39 OF 2002

BETWEEN: SBBS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT