X v Minister for Immigration & Multicultural Affairs [2002] FCAFC 3 ; [2002] FCA 56

X v Minister for Immigration & Multicultural Affairs [2002] FCAFC 3 X v Minister for Immigration & Multicultural Affairs [2002] FCA 56

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

X v Minister for Immigration & Multicultural Affairs [2002] FCA 56

MIGRATION – protection visa – hearing by Refugee Review Tribunal – following hearing, Tribunal sought comment from applicant about information it had obtained – applicant also submitted his diary – explained diary relevant to his activities in 1988 – diary written in a language other than English – Tribunal refused to take account of contents of diary – whether Tribunal entitled to refuse because diary not in English and no translation provided – whether Tribunal entitled to refuse because it had already determined issue of well-founded fear against applicant based on his 1988 activities – relevance of diary entries

Migration Act 1958 (Cth) Pt VII Div 4, ss 36, 414, 424, 424A, 424B, 424C, 425, 425A, 426, 426A, 427, 428, 429, 429A, 430, 476 Addo v Minister for Immigration & Multicultural Affairs [1999] FCA 940 considered Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 94 FCR 28 referred to Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247 (1999) 90 FCR 287 referred to Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 75 ALJR 1105 followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 followed Inderjit Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 73 followed Applicant in V346 of 2000 v Minister for Immigration & Multicultural Affairs [2001] FCA 1179 followed Abedi v Minister for Immigration & Multicultural Affairs [2001] FCA 1430 followed Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240 (2000) 96 FCR 533 considered Cabal v Minister for Immigration & Multicultural Affairs [2001] FCA 546 considered Lek v Minister for Immigration& Ethnic Affairs (1993) 43 FCR 100 referred to Rahim v Minister for Immigration & Multicultural Affairs (1997) 78 FCR 223 referred to Nguyen v Minister for Immigration & Multicultural Affairs (1998) 88 FCR 206 referred to Long v Minister for Immigration & Multicultural Affairs [2000] FCA 1172 followed International Covenant on Civil and Political Rights, Articles 2, 14 "X" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 98 of 2001