Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1315
MIGRATION – application for review of Refugee Review Tribunal (RRT) decision affirming decision of respondent's delegate not to grant protection visa – whether reasonable apprehension of bias – whether denial of procedural fairness – construction and application of s91R of Migration Act 1958 (Cth) – whether test for persecution in s 91R limits the test articulated by Mason CJ in Chan v Minister for Immigration & Ethnic Affairs (1990) 169 CLR 379 – application dismissed. WORDS & PHRASES – 'serious harm'.
Migration Act 1958 (Cth) s 91R
R v Hickman; ex parte Fox & Anor (1945) 70 CLR 598 referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 193 ALR 449 referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; ex parte Applicants S134/2002 (2003) 195 ALR 1 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 121 referred to Re Refugee Review Tribunal (2001) 179 ALR 425 cited Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1990) 169 CLR 379 referred to Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 204 CLR 1 considered Htun v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 244 referred to Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 considered
SBBG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 13 of 2002 LANDER J ADELAIDE 17 NOVEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 13 OF 2002
BETWEEN: SBBG
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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