SDAO & Anor v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 132

FEDERAL COURT OF AUSTRALIA

SDAO & Anor v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 132 MIGRATION – appeals from Federal Magistrates Court – whether Federal Magistrates Court erred in finding that the Refugee Review Tribunal did not fall into jurisdictional error – whether the Refugee Review Tribunal failed to take into account relevant considerations – whether the elements or integers of the appellants' claims were considered.

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth)

NAAV & Ors v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228; (2002) 193 ALR 449 cited R v Hickman; ex parte Fox and Clinton (1945) 70 CLR 598 cited Craig v The State of South Australia (1995) 184 CLR 163 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 cited Minister for Immigration and Ethnic Affairs v Singh (1997) 72 FCR 288 cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 cited Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196; 64 ALD 289 cited SDAO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 181 of 2002 SDAD v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 182 of 2002 von DOUSSA J ADELAIDE 4 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 181 OF 2002

BETWEEN: SDAO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 4 MARCH 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Appeal dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.