SBAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1502

FEDERAL COURT OF AUSTRALIA

SBAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1502 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 500(1)(c), 476 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Refugees Convention, Art 1A(2), Art 1F Arquita v Minister for Immigration & Multicultural Affairs [2000] FCA 1889 – referred to N.96/1441 v Minister for Immigration & Multicultural Affairs, (11 June 1998) – referred to Polyukhovich v The Commonwealth of Australia (1991) 172 CLR 501 – referred to W.98/45 v Minister for Immigration & Multicultural Affairs (17 August 1998) – referred to Re Refugee Review Tribunal: Ex parte Aala (2000) 176 ALR 219 – referred to Muin v Refugee Review Tribunal [2002] HCA 30, (2002) 190 ALR 601 – referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 – cited Craig v The State of South Australia (1995) 184 CLR 163 – referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 – applied SBAR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 238 of 2001 MANSFIELD J 6 DECEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 238 OF 2001

BETWEEN: SBAR

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 6 DECEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay to the respondent costs of the application. 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 238 OF 2001