Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SHCB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 229
MIGRATION – privative clause decision – appeal from Administrative Appeals Tribunal – jurisdiction of Federal Court – protection visa – war crimes – crimes against humanity – jurisdictional error Migration Act 1958 (Cth) s 474, s 483 Administrative Appeals Tribunal Act 1975 (Cth) s 3, s 44 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 followed Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 followed W98/45 and Minister for Immigration and Multicultural Affairs [1998] AATA 948 cited W97/164 and Minister for Immigration and Multicultural Affairs [1998] AATA 618 approved SHCB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 279 of 2002 SELWAY J ADELAIDE 24 MARCH 2003
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 279 OF 2002
ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SHCB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SELWAY J
DATE OF ORDER: 24 MARCH 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent his costs of and in relation to 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 279 OF 2002
ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SHCB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SELWAY J
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