NAAG of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCAFC 135

FEDERAL COURT OF AUSTRALIA

NAAG of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCAFC 135 MIGRATION – protection visa – Refugee Review Tribunal – conduct of hearing – whether denial of natural justice – claim of rape while in custody in Iran – claim that rape accompanied by statements relating it to political activities of appellant – Tribunal invited appellant not to give detailed evidence of circumstances of rape – told appellant that if it had any concerns about the rape it would give her an opportunity to respond in writing – no such opportunity given – finding about rape ignored political context – Tribunal dealt with rape only in context of claim of persecution for reason of membership of particular social group (women in Iran), not in context of claim of persecution for reason of political opinion Migration Act 1958 (Cth) ss 474, 479 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 (2003) 195 ALR 1, referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 195 ALR 24, applied Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21 (1999) 197 CLR 611, referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, not followed R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598, cited Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 144, disapproved Koulaxazov v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 75, discussed SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 121, followed Bull v Repatriation Commission [2001] FCA 1832 (2001) 188 ALR 756, referred to Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 (2000) 204 CLR 82, followed Muin v Refugee Review Tribunal [2002] HCA 30 (2002) 190 ALR 601, followed Re Minister for Immigration & Multicultural Affairs; Ex parte Lam [2003] HCA 6 (2003) 77 ALJR 699, discussed NAAA v Minister for Immigration & Multicultural Affairs [2002] FCA 362 (2002) 117 FCR 287, referred to Minister for Immigration & Multicultural Affairs v Wang [2003] HCA 11 (2003) 196 ALR 385, referred to Re Ruddock; Ex parte Reyes [2000] HCA 66 (2000) 177 ALR 484, referred to VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74, referred to NAAG OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 606 of 2002 GRAY, MOORE AND WEINBERG JJ 20 JUNE 2003 SYDNEY