VAS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 350

FEDERAL COURT OF AUSTRALIA

"VAS" v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 350 MIGRATION – "no evidence" ground – whether "no evidence" ground can be made out when some evidence does exist – where concession made by appellant that a basis does exist for finding – where evidence in support of finding is slight. MIGRATION – procedural fairness – whether appellant denied opportunity to comment on independent country information – where it is uncertain whether Department sent Part B documents to Tribunal. Migration Act 1958 (Cth), s 474

Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601 discussed Re: Architects of Australia Association; Ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 cited NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 cited

Aronson & Dyer Judicial Review of Administrative Action 2nd ed 2000 referred to "VAS" v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 722 OF 2002 GRAY, MOORE & WEINBERG JJ 15 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 722 OF 2002

BETWEEN: "VAS"

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY, MOORE & WEINBERG JJ

DATE OF ORDER: 15 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT

1. Leave to amend the notice of appeal be granted. 2. The appeal be dismissed. 3. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 722 OF 2002

BETWEEN: "VAS"

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS