Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBRF v Minister for Immigration and Citizenship [2008] FCA 712
MIGRATION – s 425 invitation to hearing – when necessary on remitter after invalidation of a Tribunal decision MIGRATION – jurisdictional error – discretion to refuse relief Migration Act 1958 (Cth) ss 91S, 417(1), 424A, 425 Migration Legislation Amendment Act (No 6) 2001 (Cth) SBRF v Minister for Immigration and Citizenship [2008] FMCA 163 affirmed STCB v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 556 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited SZEPZ v Minister for Immigration and Multicultural Affairs (2006) 159 FCR 291 cited SZILQ v Minister for Immigration and Citizenship (2007) 163 FCR 304 cited Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 cited SZHLM v Minister for Immigration and Citizenship (2007) 98 ALD 567 cited NBKM v Minister for Immigration and Citizenship [2007] FCA 1413 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 applied SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 applied Lee v Minister for Immigration and Citizenship (2007) 159 FCR 181 cited SBRF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
SAD 19 of 2008
FINN J
21 MAY 2008
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 19 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SBRF
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FINN J DATE OF ORDER: 21 MAY 2008
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. 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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