SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1389

FEDERAL COURT OF AUSTRALIA

SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1389 MIGRATION – application for review of decision of Refugee Review Tribunal ("Tribunal") which affirmed delegate's decision not to grant protection visa – applicant is a citizen of Afghanistan – applicant claimed fear of persecution on grounds of religion and ethnicity – Tribunal accepted that applicant had a fear of persecution by the Taliban when he departed Afghanistan – Tribunal considered that applicant no longer has a fear of persecution for a Convention reason after defeat of Taliban in Afghanistan – argument by applicant that there was an obligation on Tribunal to assess applicant's claims as at the time he departed Afghanistan and proceeded to assess impact of change of circumstances in Afghanistan – whether Tribunal made a finding as to whether applicant had a well-founded fear of persecution when he departed Afghanistan – whether Tribunal erred in not adopting a staged approach by first determining whether applicant had a well-founded fear of persecution at time of departure and then deciding whether any such well-founded fear had been displaced by change in circumstances Migration Act 1958 (Cth) s 474 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 discussed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Re Minister of Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238 referred to SCAM v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 964 discussed Minister for Immigration and Multicultural Affairs v Gui [1999] FCA 1496 followed Geelong Harbour Trust Commissioners v Gibbs Bright & Co (1970) 122 CLR 504 cited Attrill v Richmond River Shire Council (1995) 38 NSWLR 545 cited Beadle v Director-General of Social Security (1985) 7 ALD 670 cited Boscolo v Secretary, Department Social Security (1999) 90 FCR 531 cited Kertland v Secretary, Department of Family and Community Services [1999] FCA 1596 cited Hosokawa Micron International Inc v Fortune (1990) 26 FCR 393 cited In the Marriage of Hogue and Haines (Formerly Hogue) (1977) 29 FLR 186 cited