Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SXRB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1222
MIGRATION – application for judicial review of decision of the Refugee Review Tribunal (RRT) – whether applicant denied procedural fairness – whether RRT failed to have regard to integer of applicant's claim – where member of RRT charged with considering the application changed – whether change of member amounted to procedural unfairness – whether applicant aware of certain documents considered by the RRT that contained statements inconsistent with claims made in application for Protection visa.
Migration Act 1958 (Cth), s 420(1), 422, 424A
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 cited SXRB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ORS SAD 272 of 2004 LANDER J 2 SEPTEMBER 2005 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 272 OF 2004
BETWEEN: SXRB
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: LANDER J
DATE OF ORDER: 2 SEPTEMBER 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed. 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 272 OF 2004
BETWEEN: SXRB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
GILES SHORT
MEMBER REFUGEE REVIEW TRIBUNAL
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