Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NATL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 112 MIGRATION – refusal of protection visa – appeal – particulars provided to applicant in respect of evidence from gymnasium proprietor – no jurisdictional error for failure to provide particulars under s 424A of the Migration Act 1958 (Cth) as applicant was fairly informed of the information considered to be adverse – provision of evidence not required – no breach of natural justice as applicant had opportunity to deal with the particulars – evidence from Iranian community not sufficiently operative in the mind of the Tribunal to require giving of particulars – no breach of natural justice as appellant was aware of the matters put against him
Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 424A
Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 cited NATL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1259 OF 2002 RYAN, FINKELSTEIN and DOWNES JJ 28 MAY 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1259 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NATL
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
JUDGES: RYAN, FINKELSTEIN AND DOWNES JJ
DATE OF ORDER: 28 MAY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS: Appeal dismissed with 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 1259 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NATL
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
JUDGES: RYAN, FINKELSTEIN AND DOWNES JJ
DATE: 28 MAY 2003
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