WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171

FEDERAL COURT OF AUSTRALIA

WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171

MIGRATION – appeal – a denial of natural justice occurred where the Refugee Review Tribunal found that documents that were potentially corroborative of a critical aspect of the appellant's claims were not genuine but failed to give the appellant an opportunity to be heard on this issue. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 424A, 425, 425(1)(a), 474 Abebe v Commonwealth of Australia (1999) 162 ALR 1 – referred to Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation (1983) 44 ALR 607 – approved Cong Tam Dang v Minister for Immigration & Multicultural Affairs (2000) 61 ALD 29 ‑ distinguished FAI Insurances Ltd v Winneke (1982) 151 CLR 342 – approved Gradidge v Grace Bros Pty Ltd (1988) 93 FLR 414 – approved Hussein v Minister for Immigration & Multicultural Affairs (1999) 57 ALD 297– approved In re HK (An Infant) [1967] 2 QB 617 – cited Kioa v West (1985) 159 CLR 550 – referred to Koulaxazov v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 75 Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 144 cited Meadows v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 370 ‑ approved Minister for Immigration & Multicultural Affairs v Djalal (1998) 51 ALD 567 – referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – followed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 – not followed Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 – applied Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 – followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 – cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 – referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 77 ALJR 699 ‑ referred to SBBG v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 281‑ approved