M51 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 887

FEDERAL COURT OF AUSTRALIA

M51 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 887 MIGRATION – judicial review – Refugee Review Tribunal – where applicant claimed to be targeted by authorities in Sri Lanka as a result of humanitarian work for Tamils – where Tribunal adverted to a claim that two named colleagues engaged in similar work were killed by authorities – where Tribunal made no findings of fact one way or another as to colleagues' deaths – where claim regarding colleagues a component integer of applicant's case – failure to make finding revealed Tribunal had erroneous understanding of what constitutes a well-founded fear of persecution – jurisdictional error – s 474 of the Migration Act 1958 – now clearly established that privative clausedoes not protect jurisdictional error – Tribunal's decision set aside Judiciary Act 1903 (Cth) ss 39B, 430 and 474

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Re Minister for Immigration & Multicultural and Indigenous Affairs & Anor; Ex parte Applicants S134/2002 (2003) 195 ALR 1 Minister for Immigration & Multicultural Affairs v Yusuf(2001) 206 CLR 323 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 Abebe v Commonwealth (1999) 197 CLR 510 Lobo v Minister for Immigration & Multicultural Affairs [2003] FCA 144 Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 168 SDAV v Minister for Immigration & Multicultural & Indigenous Affairs; Minister for Immigration & Multicultural & Indigenous Affairs v SBBK [2003] FCAFC 129 NAAG of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCAFC 135 SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 121 SCAR v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 126 APPLICANTS M 51 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 679 of 2002 RYAN J 25 AUGUST 2003 MELBOURNE