WAEV v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 181

FEDERAL COURT OF AUSTRALIA

WAEV v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 181 MIGRATION – appeal - no denial of natural justice to an appellant who did not and whose advisor did not at the hearing or in later submissions tender a photograph potentially corroborative of the appellant's claims before the Refugee Review Tribunal, where the Tribunal member was not made personally aware that the applicant wished to tender such a photograph – no denial of natural justice where a Refugee Review Tribunal member refused the appellant's advisor the opportunity to make oral submissions, but allowed further written submissions – the Refugee Review Tribunal did not err in law when it did not consider an argument not raised by the appellant, where that argument was not one which was self-evident. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 48A, 417, s 425(1), s 474, ss 476, 476(1)(a), 476(1)(b), 476(1)(c), 476(2)(a) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

Federal Court Rules, O 80 Ahmed v Minister for Immigration and Multicultural Affairs [2002] FCAFC 60 - referred to Kioa v West (1985) 159 CLR 550 - followed Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 - considered Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 - referred to WAEZ of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 341 – referred to WAEV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W279 OF 2002 LEE, HILL & MARSHALL JJ 13 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W279 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAEV

APPELLANT