SRFB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 268

FEDERAL COURT OF AUSTRALIA

SRFB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 268 MIGRATION – whether the Refugee Review Tribunal (Tribunal) did not accord applicants procedural fairness and did not comply with the requirements in s 424A of the Migration Act 1958 (Cth) by considering submissions from a migration agent who had ceased working for the applicants – whether Tribunal did not give applicants opportunity to respond to those submissions – whether Tribunal erred by not raising certain matters concerning female applicant's former marriage with applicants before hearing – whether Tribunal was ostensibly biased – whether Tribunal's decision was unreasonable – whether Tribunal mis-directed itself in law by failing to address whether it was satisfied the applicants had a well-founded fear of persecution – whether Tribunal addressed all the integers of the applicants' claim. Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) ss 36, 91R, 420, 424, 424A, 424B, 424C, 425, 474 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476; [2003] HCA 2 referred to Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 175 ALR 585 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Minister for Immigration & Multicultural Affairs v Jia (2001) 178 ALR 421 referred to Minister for Immigration & Multicultural Affairs; Ex parte Epeabaka (2001) 179 ALR 296 referred to Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 referred to SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231 referred to Attorney-General (NSW) v Quinn (1990) 170 CLR 1 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (1998) 168 ALR 407 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Htun v Minister for Immigration & Multicultural Affairs (2003) 194 ALR 244; [2001] FCA 1802 referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to SRFB & SRGB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 618 of 2003 MANSFIELD J 25 MARCH 2004 ADELAIDE