SHKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 545

FEDERAL COURT OF AUSTRALIA

SHKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 545 MIGRATION - Protection Visa - Basis of persecution - Whether retribution could be for a Convention reason - Fair hearing - Failure to understand claim made by applicant - Tribunal reasons recording that the applicant had agreed with a particular proposition when applicant had not done so - State protection - Whether adequate in the circumstances Judiciary Act, 1903 (Cth) Migration Act 1958 (Cth) Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Minister for Immigration & Multicultural Affairs v Singh (2002) 209 CLR 533 Waterford v Commonwealth (1987) 163 CLR 54 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 SGBB v Minister for Immigration and Multicultural & Indigenous Affairs (2003) 199 ALR 364 Paul v Minister for Immigration & Multicultural Affairs [2001] FCA 1196 Applicant M31 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 533 SLGB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 262 Re Refugee Tribunal Ex parte Aala (2000) 204 CLR 82 Minister for Immigration and Mulicultural Affairs v Respondents S152/2003 [2004] HCA 18 (S152) SHKB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 408 of 2003 SELWAY J 5 MAY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S408 of 2003

BETWEEN: SHKB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 5 MAY 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: The application seeking orders of prohibition, certiorari, mandamus and/or injunctions in relation to an order of the Refugee Review Tribunal made on 28 June 2002 is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.