Minister for Immigration and Multicultural and Indigenous Affairs v Applicants S194 of 2002 [2003] FCAFC 273

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v Applicants S194 of 2002 [2003] FCAFC 273 MIGRATION – protection visa – claim of fear of persecution of Sri Lankan on ground of race (Tamil) and membership of social group (Hindu priests) – whether failure of Refugee Review Tribunal to put to applicant report of arrest of Catholic priests a denial of procedural fairness – whether failure of Tribunal to mention report about attacks on Tamil priests in Colombo supported inference that Tribunal had not received report with the consequence that the applicant had been misled Muin v Refugee Review Tribunal (2002) 190 ALR 601 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v APPLICANTS S194 OF 2002 and REFUGEE REVIEW TRIBUNAL N 817 of 2003 RYAN, HEEREY and ALLSOP JJ 28 NOVEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 817 of 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Appellant

AND: APPLICANTS S194 OF 2002

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: RYAN, HEEREY and ALLSOP JJ

DATE OF ORDER: 28 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. Orders 1, 2, 3 and 5 made by the primary Judge on 19 June 2003 be set aside and in lieu thereof, order that the application for the issue of constitutional writs be dismissed; and 3. The first respondent pay the appellant's costs of the appeal and of the trial.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.