Gomez v Minister for Immigration & Multicultural Affairs [2002] FCAFC 105; [2002] FCA 480

Gomez v Minister for Immigration & Multicultural Affairs [2002] FCAFC 105 Gomez v Minister for Immigration & Multicultural Affairs [2002] FCA 480

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

Gomez v Minister for Immigration & Multicultural Affairs [2002] FCA 480

MIGRATION – appeal from Single Judge to Full Court – whether primary Judge erred in holding that decision of Refugee Review Tribunal ("the Tribunal") had not involved an error of law within the meaning of s 476 of the Migration Act 1958 (Cth) (as then enacted) – whether there was a duty on the part of the Tribunal to make inquiries – whether there was a duty on the primary judge to examine the decision of the Tribunal beyond the grounds advanced by the appellant

APPEAL – grounds of appeal – whether an appellant should be allowed to argue new grounds of appeal

Migration Act 1958 (Cth) ss 56, 427, 476

Kabir & Ors v Minister for Immigration and Multicultural Affairs (2001) 184 ALR 295 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348 discussed Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 discussed Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929 discussed Metwally v University of Wollongong (1985) 60 ALR 68 followed c.f. Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 32 approved Ranwalage & Ors v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 173 noted Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 95 FCR 517 noted Paramananthan & Anor v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 noted Kianfar v Minister for Immigration and Multicultural Affairs [2001] FCA 1754 discussed Minister for Immigration and Multicultural Affairs v Yusuf [2001] 180 ALR 1 applied Re Minister for Immigration and Multicultural Affairs: Ex parte "A" (2001) 185 ALR 489 noted Re Minister for Immigration and Multicultural Affairs and Ors: Ex parte Cassin (2000) 175 ALR 209 noted ADRIAN GOMEZ v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 789 OF 2001 HILL, O'LOUGHLIN AND TAMBERLIN JJ 22 APRIL 2002 ADELAIDE (HEARD IN MELBOURNE)