Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBBC v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 925 MIGRATION – application for permanent protection visa – whether failure by Tribunal to consider well-founded fear of persecution by reason of the renewed activities of the Taliban as non-state agents – whether failure to accord procedural fairness HELD – the failure to address the particular claim amounted to jurisdictional error
Migration Act 1958 (Cth)
Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 NBGM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 60 Minister for Immigration & Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 SBBC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL SAD 98 of 2005 MANSFIELD J 25 JULY 2006 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 98 OF 2005
BETWEEN: SBBC
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 25 JULY 2006
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. There be an order in the nature of an order of certiorari bringing into Court and quashing the decision of the second respondent made on 6 April 2005. 2. There be an order in the nature of an order of mandamus directing the second respondent to hear and determine according to law the application for review made on 14 October 2004 of the decision of the delegate of the first respondent made on 1 October 2004. 3. The first respondent pay to the applicant costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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