SGLB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 176

FEDERAL COURT OF AUSTRALIA

SGLB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 176 MIGRATION ACT – Application for protection visa – powers of Federal Court on judicial review – Migration Act s 474 – finding of psychiatric condition – in the absence of any expert evidence – use of finding in relation to credit – failure to consider whether proceeding should continue – whether jurisdictional error Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) Federal Court of Australia Act 1976 (Cth) Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S134/2002 v Commonwealth of Australia[2003] HCA 1 Plaintiff S157/2002 v Commonwealth of Australia[2003] HCA 2 Craig v South Australia (1995) 184 CLR 163 Re Refugee Review Tribunal; Ex parte AALA (2000) 204 CLR 82 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Eastman v The Queen (2000) 203 CLR 1

SGLB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No S 6 OF 2003 SELWAY J ADELAIDE 11 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 6 OF 2003

BETWEEN: SGLB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 11 MARCH 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The order of the Tribunal dated 13 August 2001 is quashed. 2. Remit the matter to the Refugee Review Tribunal for further consideration. 3. The Applicant have his costs of the appeal and his application for judicial review (if any).

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 6 OF 2003

BETWEEN: SGLB