SXBB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 234

FEDERAL COURT OF AUSTRALIA

SXBB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 234 SXBB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, GILES SHORT, MEMBER REFUGEE REVIEW TRIBUNAL & PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL No SAD 224 of 2004 FINN J ADELAIDE 14 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 224 OF 2004

BETWEEN: SXBB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

GILES SHORT, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 14 MARCH 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first 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 224 OF 2004

BETWEEN: SXBB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

GILES SHORT, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: FINN J

DATE: 14 MARCH 2005

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The decision of the Refugee Review Tribunal ("the Tribunal") for which review is sought in this proceeding is testament to the proposition that a tribunal does not commit a jurisdictional error merely because it finds facts wrongly or upon a doubtful basis, or because it adopts unsound or questionable reasoning: cf Minister for Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220 at 257. Despite factual error and reasoning which is unpersuasive, I am not satisfied that the one matter relied upon in this proceeding as it has been prosecuted reveals jurisdictional error on the Tribunal's part.