SRBB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1387

FEDERAL COURT OF AUSTRALIA

SRBB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1387

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Htun v Minister for Immigration & Multicultural Affairs (2003) 194 ALR 244 followed W124 v Minister for Immigration & Multicultural Affairs [2001] FCA 1387 followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 followed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 followed Minister for Immigration & Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 followed Minister for Immigration & Multicultural Affairs v Khawar (2002) 187 ALR 574 followed Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389;[2003] HCA 26 followed Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 followed SRBB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 589 of 2003 MANSFIELD J 28 NOVEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 589 OF 2003

BETWEEN: SRBB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 28 NOVEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. That the decision of the Refugee Review Tribunal (the Tribunal) of 27 May 2003 be set aside. 2. The Tribunal do hear and determine the application for review of the decision of the delegate of the respondent of 3 March 2000 according to law.

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 589 OF 2003