Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STBB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1587
MIGRATION – judicial review – procedural fairness – where applicant claimed errors by interpreter resulted in procedural unfairness – significance of errors – whether failure to call witnesses resulted in jurisdictional error.
Migration Act 1958 (Cth) s 426
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 applied SAAK v Minister for Immigration and Multicultural Affairs (2002) 121 FCR 185 applied W360/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 211 distinguished NAHN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 247 cited W412/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 99 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited W352 v Minister for Immigration and Multicultural Affairs [2002] FCA 398 cited STBB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SAD 804 of 2003 LANDER J 6 DECEMBER 2004 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 804 OF 2003
BETWEEN: STBB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 6 DECEMBER 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant to pay the respondent's costs. 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 SAD 804 OF 2003
BETWEEN: STBB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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