SBAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1078

SBAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1078

The parties agreed that the outcome should be the same as the related application in SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076. For the reasons given in that judgment, the Court allowed the application and declared the Tribunal decision null and void.

Jurisdiction
Australia
Judgment Date
13 September 2002
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) / Federal Court Application to Have Declared Null and Void a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa
Outcome
Application allowed; the Refugee Review Tribunal decision given on 11 December 2001 was declared null and void.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review Under S 39 B of the Judiciary Act 1903 (cth)']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review Under S 39 B of the Judiciary Act 1903 (cth)']

Case Brief

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) / Federal Court Application to Have Declared Null and Void a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal decision given on 11 December 2001 should be declared null and void.' 'Whether the application should be allowed consistently with SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076.']

Ratio Decidendi

The parties agreed that the outcome should be the same as the related application in SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076. For the reasons given in that judgment, the Court allowed the application and declared the Tribunal decision null and void.

Court Disposition

Application allowed; the Refugee Review Tribunal decision given on 11 December 2001 was declared null and void.

Orders

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