NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 52

FEDERAL COURT OF AUSTRALIA

NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 52

MIGRATION – Refugee Review Tribunal – alleged difficulties with interpreter before Tribunal – Member foreshadowed at end of Tribunal hearing writing to appellant inviting him to clear up inconsistencies relating to number and dates of his alleged detentions by police – letter not written – Member proceeded to decision without writing the letter foreshadowed – inconsistencies not relied on in reasons for decision – whether natural justice required that the opportunity to make further submissions be given. Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Minister for Immigration & Multicultural Affairs v Bhardwaj (2002) 187 ALR 117 cited Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 195 ALR 502 applied Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Balmain Association Inc v Planning Administrator for the Leichhardt Council & Ors (1991) 25 NSWLR 615

APPLICANT NAFF OF 2002 v MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

N 831 OF 2002

LINDGREN, STONE AND DOWNES JJ

31 MARCH 2003

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 831 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT NAFF OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: LINDGREN, STONE AND DOWNES JJ

DATE OF ORDER: 31 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.