SBAT v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1077

SBAT v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1077

For the reasons set out in the related judgment in SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076, the application was allowed and the Refugee Review Tribunal decision given on 11 December 2001 was declared null and void.

Jurisdiction
Australia
Judgment Date
13 September 2002
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for a Declaration That a Refugee Review Tribunal Decision Was Null and Void / Judgment
Outcome
Application allowed; Refugee Review Tribunal decision declared null and void.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'declaratory Relief']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'declaratory Relief']

Case Brief

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for a Declaration That a Refugee Review Tribunal Decision Was Null and Void / Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal decision given on 11 December 2001 affirming refusal of a protection visa should be declared null and void.']

Ratio Decidendi

For the reasons set out in the related judgment in SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076, the application was allowed and the Refugee Review Tribunal decision given on 11 December 2001 was declared null and void.

Court Disposition

Application allowed; Refugee Review Tribunal decision declared null and void.

Orders

  • ['The decision of the Refugee Review Tribunal given on 11 December 2001 is null and void.' 'Leave is given to the parties to seek such further or consequential orders as they may be advised.']