SDAE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 959

FEDERAL COURT OF AUSTRALIA

SDAE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 959 IMMIGRATION – application to restrain removal of unsuccessful protection visa applicant – claim removal would constitute refoulement contrary to Art 33 of the Refugees Convention – application for summary dismissal of application – consideration of M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 131 and NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185 – significance of allegation that refoulement would contravene Art 3 of Convention against Torture – application summarily dismissed.

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) SDAE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 111 cited NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 761 considered M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 131 followed SAAK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 921 cited NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185 considered General Steel Industries Inc. v Commissioner for Railways (NSW) (1994) 112 CLR 125 followed SDAE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 587 OF 2003 MANSFIELD J 11 SEPTEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 587 OF 2003

BETWEEN: SDAE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 11 SEPTEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed pursuant to Order 20 rule 2 of the Federal Court rules. 2. Upon the applicant through counsel undertaking to proceed with his proposed appeal from order 1, the applicant is given leave to appeal from order 1. 3. The respondent is restrained from removing the applicant from Australia until the hearing and determination of his proposed appeal or until the Court or a judge otherwise orders. 4. The respondent is given leave to appeal from order 3. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.