SBAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1280

FEDERAL COURT OF AUSTRALIA

SBAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1280

MIGRATION – linguistic analysis report – whether weight given to linguistic analysis report may indicate lack of good faith on part of Refugee Review Tribunal – linguist had not been accepted as reliable by Tribunal differently constituted COSTS – costs sought against solicitor personally where proceeding adjourned on eve of hearing – whether public benefit in pro bono publico legal services relevant consideration Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 36(2), 65(1), 474(1) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 - applied Craig v State of South Australia (1994) 184 CLR 163 – referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 - cited R v Murray; Ex parte Proctor (1949) 77 CLR 387 - cited R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 - applied SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076 - discussed SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668 - discussed SBAQ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 985 - discussed SBAZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S4 of 2002 MANSFIELD J ADELAIDE 25 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S4 OF 2002

BETWEEN: SBAZ

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 25 OCTOBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.