SAAO v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1326

FEDERAL COURT OF AUSTRALIA

SAAO v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1326

MIGRATION – application for protection visa – review of decision of Refugee Review Tribunal – whether Tribunal erred in concluding that discrimination in employment and tertiary education did not amount to persecution as defined by the Convention and s 91R of the Act – whether Tribunal failed to independently consider the applicant's claims – whether Tribunal had a mind closed to the acceptance of the applicant's claims – whether the Tribunal attempted to review the delegate's decision in good faith

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 36(2), 91R(1), 91R(2), 418

R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 – referred to Craig v State of South Australia (1995) 184 CLR 163 – referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 - cited NAAV v Minister for Immigration & Multicultural& Indigenous Affairs [2002] FCAFC 228 - applied R v Murray; Ex parte Proctor (1949) 77 CLR 387 – referred to SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076 - discussed SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668 – referred to Minister for Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220 – referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 – referred to Minister for Immigration & Multicultural Affairs v Guo (1997) 191 CLR 559 – referred to Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 - cited SAAO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.198 of 2001 MANSFIELD J 30 OCTOBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA