NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24

FEDERAL COURT OF AUSTRALIA

NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24

PRACTICE AND PROCEDURE – appeal – application by appellant to adduce further evidence on appeal – Refugee Review Tribunal affirms decision of delegate of respondent Minister not to grant protection visa – application to Court for prerogative relief in respect of Tribunal's decision is dismissed – appeal to Full court from that dismissal – Tribunal not satisfied that authorities in country of nationality had continuing interest in appellant – appellant seeks leave to lead on hearing of appeal evidence recently received by him of summons and notice issued in his country of nationality requiring his attendance at Court – hearing date in summons preceded delegate's decision – notice issued after hearing before Tribunal, requiring attendance after Tribunal's decision – documents received by appellant from a friend in his country of nationality only within the month preceding hearing of appeal – whether breach of rules of natural justice. EVIDENCE – appeal – application by appellant to adduce further evidence on appeal – Refugee Review Tribunal affirms decision of delegate of respondent Minister not to grant protection visa – application to Court for prerogative relief in respect of Tribunal's decision is dismissed – appeal to Full court from that dismissal – Tribunal not satisfied that authorities in country of nationality had continuing interest in appellant – appellant seeks leave to lead on hearing of appeal evidence recently received by him of summons and notice issued in his country of nationality requiring his attendance at Court – hearing date in summons preceded delegate's decision – notice issued after hearing before Tribunal, requiring attendance after Tribunal's decision – documents received by appellant from a friend in his country of nationality only within the month preceding hearing of appeal – whether breach of rules of natural justice. Federal Court of Australia Act 1976 (Cth) s 27