Applicant A125 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 213

FEDERAL COURT OF AUSTRALIA

Applicant A125 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 213

MIGRATION – application for protection visa - visa applicant found to have effective protection in third country – whether jurisdictional error for Tribunal not to have first decided if visa applicant has well-founded fear of persecution for Convention reason in country of nationality – discretion to grant relief – whether utility in making prerogative orders where no contention that finding of effective protection in third country not challenged

Randhawa v Minister for Immigration & Multicultural Affairs (1992) 52 FCR 437 noted Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 followed NAGV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 144 considered NAEN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 6 followed NAHF v Minister for Immigration & Multicultural Affairs [2004] FCAFC 7 followed SJQB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1284 cited R v Commonwealth Court of Conciliation and Arbitration: Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 followed R v Ross Jones; Ex parte Green (1984) 156 CLR 185 followed Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1;[2003] HCA 1 followed APPLICANT A125 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, PAUL WHITE, MEMBER, REFUGEE REVIEW TRIBUNAL & PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL S 699 of 2003 MANSFIELD J 12 MARCH 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 699 OF 2003

BETWEEN: APPLICANT A125 OF 2003