Applicant S214 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66

FEDERAL COURT OF AUSTRALIA

Applicant S214 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66 ADMINISTRATIVE LAW – Procedural fairness – Confidentiality orders made by administrative tribunal – Content of duty of tribunal nonetheless to provide procedural fairness – Whether tribunal provided procedural fairness in this case – Appeal to Administrative Appeals Tribunal against decision of Minister's delegate that Convention relating to the Status of Refugees did not apply to him on account of war crimes and crimes against humanity allegedly committed by him – Failure of Tribunal to require particulars of alleged conduct – Exclusion of appellant and his solicitor from discussion concerning particulars between Tribunal member and solicitor for Minister – Failure of Tribunal to notify appellant prior to decision of substance of identification evidence given in absence of appellant and his solicitor. Migration Act 1958 (Cth) ss 91X, 500 Convention relating to the Status of Refugees (1951) Article 1F Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 39(1) APPLICANT S214 of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and ADMINISTRATIVE APPEALS TRIBUNAL N 1555 of 2003 WILCOX, MOORE and MARSHALL JJ 26 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1555 of 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT S214 of 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

ADMINISTRATIVE APPEALS TRIBUNAL

SECOND RESPONDENT JUDGES: WILCOX, MOORE and MARSHALL JJ

DATE OF ORDER: 26 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: