SBBZ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 543

SBBZ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 543

The application was dismissed because nothing in the Tribunal's decision or the material showed an error of law or principle in applying the relevant principles to the facts, and in any event s 474 of the Migration Act 1958 (Cth) would apply to validate the Tribunal's decision; no matter argued showed failure to comply with the limitations applicable to privative clauses.

Jurisdiction
Australia
Judgment Date
24 April 2002
Procedural Posture
Migration Application for Review of Refugee Review Tribunal Decision / Federal Court Judicial Review After Earlier Remittal to the Tribunal
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act 1958 (cth) S 474' 'privative Clauses' 'convention Reason' 'illegal Departure' 'conscription' 'internal Relocation']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act 1958 (cth) S 474' 'privative Clauses' 'convention Reason' 'illegal Departure' 'conscription' 'internal Relocation']

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Procedural Posture

Migration Application for Review of Refugee Review Tribunal Decision / Federal Court Judicial Review After Earlier Remittal to the Tribunal

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal erred in affirming the delegate's refusal to grant the applicant a protection visa." 'Whether the applicant faced a real danger of persecution for a Convention reason if returned to Algeria, including by reason of illegal departure, Berber ethnicity, conscription or Islamic extremists.' "Whether s 474 of the Migration Act 1958 (Cth) applied to validate the Tribunal's decision."]

Ratio Decidendi

The application was dismissed because nothing in the Tribunal's decision or the material showed an error of law or principle in applying the relevant principles to the facts, and in any event s 474 of the Migration Act 1958 (Cth) would apply to validate the Tribunal's decision; no matter argued showed failure to comply with the limitations applicable to privative clauses.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant to pay the respondent's costs."]