SBAS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 528

FEDERAL COURT OF AUSTRALIA

SBAS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 528 MIGRATION - refugees - application for protection visa - appeal from decision of Refugee Review Tribunal - fear of persecution - applicant family of Sabaean Mandaean religion - whether applicant family persecuted - whether decision of Tribunal amounts to jurisdictional error.

Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 SBAU v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1076 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1; (2003) 195 ALR 1 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 195 ALR 24 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 Sepet v Secretary of State for the Home Department [2003] 1 WLR 856 (HL) R (Sivakumar) v Secretary of State for the Home Department [2003] 1 WLR 840 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 SBAS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S239 OF 2001 COOPER J BRISBANE (HEARD IN ADELAIDE) 30 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S239 OF 2001

BETWEEN: SBAS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: COOPER J