SCAF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 237

FEDERAL COURT OF AUSTRALIA

SCAF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 237 SCAF v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No SAD 216 of 2004 FINN J ADELAIDE 14 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 216 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SCAF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 14 MARCH 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant 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 216 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SCAF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE: 14 MARCH 2005

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The instruction of the High Court in Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272 that courts in judicial review proceedings should not overzealously scrutinise the reasons of an administrative decision-maker in the quest of discerning some inadequacy from the way in which those reasons are expressed, has a particular salience in this matter. 2 The appellant applied unsuccessfully for a protection visa and sought review of that decision, again unsuccessfully, in the Refugee Review Tribunal ("the Tribunal"). His application for an order of review of the Tribunal's decision was rejected by Mead FM. He now appeals to this Court from her Honour's decision.