SGBB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 709

FEDERAL COURT OF AUSTRALIA

SGBB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 709 MIGRATION – judicial review – persecution of particular social group – whether issue properly raised before Tribunal – whether unaccompanied youths without family support capable of constituting a particular social group – equality of result – whether jurisdictional error because Tribunal reached different results in similar cases Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited 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 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 25 followed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 followed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 not followed Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 cited SCAL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 548 cited Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1801 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574 referred to SBBK v Minister for Immigration (2002) 117 FCR 412 cited Inland Revenue Commissioners v National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617 cited Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 cited Bellinz v Federal Commissioner of Taxation (1998) 84 FCR 154 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 Applicant S20/2002 [2003] HCA 30 cited WADZ v Minister for Immigration and Multicultural Affairs [2002] FCAFC 118 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited SGBB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 293 OF 2002 SELWAY J 16 JULY 2003 ADELAIDE