VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 82

FEDERAL COURT OF AUSTRALIA

VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 82 MIGRATION – application for protection visa – Tribunal did not invite applicant to comment on certain general country information relied upon by Tribunal – whether such information required to be provided by s 424A of the Migration Act MIGRATION – application for protection visa – procedural fairness – Tribunal failed to disclose to applicant all general country information relied upon by Tribunal – applicant does not establish how the information would have been dealt with – whether failure to disclose disputed information constituted breach of natural justice – whether any breach of natural justice constituted reviewable error in the circumstances of the case Migration Act 1958, s 424A Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied NANM and NANN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 99 followed NARV v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 203 ALR 494 doubted Re Minister for Immigration and Multicultural Affairs; Ex Parte "A" (2001) 185 ALR 489 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 applied Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294 applied SBBS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 361 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to Thirukkumar v Minister for Immigration and Multicultural Affairs [2002] FCAFC 268 applied VHAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 186 75 ALD 609 followed VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 448 affirmed VHAP OF 2002 v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 443 OF 2003 GYLES, CONTI AND ALLSOP JJ 31 MARCH 2004 SYDNEY (HEARD IN MELBOURNE)