SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1401

FEDERAL COURT OF AUSTRALIA

SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1401 Judiciary Act 1903 (Cth), ss 39B, 91R, 474(1), 414 Migration Act 1958 (Cth), s 36(2)

Craig v the 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 - followed R v Hickman: Ex parte Fox & Clinton (1945) 70 CLR 598 – referred to SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668 - discussed Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 – referred to Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 204 CLR 1 – referred to Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCA 334 - cited Minister for Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220 – referred to SBBA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.5 of 2002 MANSFIELD J 15 NOVEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.5 OF 2002

BETWEEN: SBBA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 15 NOVEMBER 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.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.5 OF 2002

BETWEEN: SBBA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 15 NOVEMBER 2002

PLACE: ADELAIDE