NAEB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 57

FEDERAL COURT OF AUSTRALIA

NAEB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 57 MIGRATION - visas - refusal of protection visa - natural justice - apprehended bias - RRT finding of adverse credibility against the appellant - reliance by the RRT upon "country information" - RRT finding that documents produced by the appellant fraudulent - function of the RRT to weigh competing evidence - no prejudgment or prejudice - no error of law - appeal dismissed Migration Act 1958 (Cth) NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228; (2002) 123 FCR 298 referred to Plaintiff S 157/2002 v Commonwealth [2003] HCA 2; (2003) 195 ALR 24 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka [2001] HCA 23;(2001) 206 CLR 128 referred to NAEB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1092 referred to NAEB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 25 referred to

NAEB OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 836 OF 2003 GRAY, TAMBERLIN AND LANDER JJ SYDNEY 19 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 836 OF 2003

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

BETWEEN: NAEB OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: GRAY, TAMBERLIN & LANDER JJ

DATE OF ORDER: 19 MARCH 2004

WHERE MADE: SYDNEY

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 836 OF 2003