SCAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1481

FEDERAL COURT OF AUSTRALIA

SCAR v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1481

MIGRATION – protection visa – application for an order of review of the decision of the Refugee Review Tribunal – whether the applicant's mental state was affected at the hearing before the Tribunal ADMINISTRATIVE LAW – privative clause – application of the bona fides proviso of the Hickman principles – whether the decision of the Tribunal was not a bona fide attempt to exercise its power notwithstanding the good faith of the Tribunal where the exercise of the power was unfair in its operation Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) subs 420(1), s 474 Re Minister for Immigration and Multicultural Affairs, Ex parte Durairajasingham (1999) 168 ALR 407 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 followed O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 cited R v Murray; Ex parte Proctor (1949) 77 CLR 387 cited SBAP v Refugee Review Tribunal [2002] FCA 590 cited SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 cited SCAR V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 66 OF 2002 O'LOUGHLIN J 28 NOVEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 66 OF 2002

BETWEEN: SCAR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 28 NOVEMBER 2002

WHERE MADE: ADELAIDE

THE COURT DECLARES THAT: 1. The decision of the Refugee Review Tribunal is invalid and of no effect. AND THE COURT ORDERS THAT: 1. The application be allowed. 2. The respondent pay the applicant's costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.