SGJB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1601

FEDERAL COURT OF AUSTRALIA

SGJB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1601 MIGRATION – whether there was a denial of procedural fairness – whether the Tribunal failed to consider submissions of the applicant's migration agent – whether the Tribunal failed to consider whether the applicant had a well-founded fear of persecution rather than being subjected to mere discrimination - actual bias.

Migration Act 1958 (Cth), ss 426(3), 474 Annetts v McCann (1990) 170 CLR 596 at 598 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 followed Re Minister for Immigration and Multicultural Affairs; Ex parte "A" (2002) 185 ALR 489 referred to NAIH of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1010 referred to Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Haoucher v Minister of State for Immigration and Ethnic Affairs (1990) 169 CLR 648 referred to Kioa v West (1985) 159 CLR 550 referred to Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 followed Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 applied SBAU v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1076 referred to SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 followed SGJB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S192 of 2002 SYDNEY (HEARD IN ADELAIDE) 19 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 192 of 2002

BETWEEN: SGJB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS