SBAD v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 531

FEDERAL COURT OF AUSTRALIA

SBAD v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 531 Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Border Protection Legislation Amendment Act 1999 (Cth) Migration Legislation Amendment Act (No.6) 2001 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Legislation Amendment (Procedural Fairness) Act 2002 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1998) 80 FCR 543 referred to Daher v Minister for Immigration & Ethnic Affairs (1997) 77 FCR 107 cited Re JRL; Ex parte CJL (1986) 161 CLR 342 cited R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 distinguished NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263 cited SBAD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 222 OF 2001 MANSFIELD J 30 MAY 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 222 OF 2001

BETWEEN: SBAD

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 30 MAY 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 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 222 OF 2001