WAAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 316

FEDERAL COURT OF AUSTRALIA

WAAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 316 MIGRATION – notice issued pursuant to s 424A of the Migration Act 1958 (Cth) – s 424A notice an invitation to comment – no requirement for appellant to be given opportunity to gather documentation ADMINISTRATIVE LAW – judicial review – procedural fairness – decision of RRT – request for extension of time to produce documents – additional documentation relevant and important – allowing adequate time for appellant to establish nationality – appellant aware nationality a central issue – RRT decision to be addressed on the basis of the material that was before it at the time – decision may have been wrong in fact but did not therefore exceed jurisdiction – whether RRT made an erroneous finding or reached a mistaken conclusion –recommendation to Minister to exercise discretion under s 417 of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 417, 424A Craig v South Australia (1995) 184 CLR 163 cited Immigration and Multicultural Affairs, Minister for v Yusuf (2001) 206 CLR 323 cited WAAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 91 OF 2003 TAMBERLIN, R D NICHOLSON AND EMMETT JJ 23 DECEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 91 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAAF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: TAMBERLIN, R D NICHOLSON AND EMMETT JJ

DATE OF ORDER: 23 DECEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. the appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA